Exclusion of liability whilst on a family outing
Dad says – let’s spend a fun day at the amusement park (for “amusement park” read water park, school rugby match, almost any place of entertainment and gathering where persons meet to enjoy themselves). But if any injury or loss were to occur, then that visit will automatically open a host of potential legal issues […]
Demystifying “non-refundable deposits”, “rouwkoop” and “penalty clauses” in sale of property agreements
The sale or purchase of a property is for many people one of the most important transactions that they will enter into in their lifetime. The parties to a Sale of Land Agreement will inevitably enter into a contractual relationship which will have legal consequences for both the purchaser and the seller. It is often […]
When does a foreign system of law apply to your contract?
Let’s say I own a company in South Africa that makes and sells jewellery. The company is hugely successful and attracts international clients. A client who lives in Canada buys a piece of jewellery from my company, which is transported from South Africa to Canada. However, when the piece of jewellery arrives in Canada, the […]
Memorandum of Understanding: Binding and enforceable or not?
There is a common misconception that MOUs are always non-binding. MOUs can in fact be binding, non-binding or partly binding and partly non-binding, it all depends on the intention of the parties and the exact wording of the MOU. But uncertainty is rarely a good thing in the context of legal documentation and a poorly […]
Cancelling a contract? The do’s and dont’s to consider!
Every person, whether an individual or a juristic person, will find themselves in a situation where they will want to terminate a contract. The aim of this article is to set out the requirements for terminating a contract as well as to give basic guidance when doing so. When a person wants to cancel a […]
What makes a suretyship valid?
On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger[1], the Supreme Court of Appeal (SCA) set out the importance of, firstly, expressly pleading a suretyship clause in a plaintiff’s particulars of claim and, secondly, ensuring that the contract to which a deed of suretyship is annexed is duly signed by […]