Frequently Asked Questions on Commercial Law
1. What Are the Essential Elements of a Valid Contract? For a contract to be valid, it must have the following elements: An agreement between
December 2, 2024
COMMERCIAL LAW ARTICLES
What Is A Contract?
A contract is a written or spoken agreement between two or more parties that can be enforced by law. It involves one party offering to
November 5, 2024
Understanding Rouwkoop vs. Penalty Clauses: Legal Differences and Implications in South African Law
Introduction In contract law, “rouwkoop” and “penalty clauses” serve different purposes, and it’s important to understand their distinct functions to avoid legal pitfalls. This summary
September 7, 2024
Courts’ Discretion in Enforcing Contracts: Understanding the Impact on Public Policy
The recent case of Ethekwini Municipality v Cooperativa Muratori & Cementisti – CMC di Ravenna Societa Cooperativa [2023] ZASCA 95 (12 June 2023) marks a
July 3, 2023
Legal Contracts
As much as people may become nervous about contracts, they must bear in mind that contracts are there to protect all the parties involved. Where
October 20, 2022
May an employee monitor an employee’s emails?
It would be best to have an email monitoring policy regarding employees’ private and business use of emails contained in employment contracts. However, how extensive,
March 17, 2022
Batna (Best Alternative to a Negotiated Agreement)
When you’re negotiating a contract, it’s common to focus almost exclusively on exactly what you want, especially when it comes to your key objectives in
October 12, 2021
Why a Written Contract Is Better Than a Verbal Agreement
Source: Jesse White (Ed. Note. This is an article written by an American for an American audience, but it is very useful in the South
November 3, 2020
Why SME’s need contracts.
Just like a person avoids drafting a will (because it’s a concession to mortality), some business owners avoid concluding contracts (with employees, suppliers, freelancers, etc.)
November 12, 2019
Must a contract be in writing to be binding?
Elements of a contract A contract consists of an offer by the offeror (the seller or service provider) to the offeree (the buyer or client)
October 31, 2018
Restraint of Trade Agreements – When can they be enforced?
Source: Lara Chidrawi, consultant: lara@bmalaw.co.za Restraint of Trade Agreements are valid until shown to be against public policy and therefore unreasonable and unenforceable. The employee
November 11, 2015
Invoice Discounting
What is invoice discounting? Invoice discounting occurs when a Client (“the Client”) enters into an agreement with another business (“the Invoice Discounter”) in terms of
January 20, 2015