The Most Common Contract Clauses That Cause Disputes
Most commercial disputes do not arise because parties act in bad faith. They arise because the contract they signed was poorly drafted. Ambiguous payment terms, vague termination provisions, and misunderstood penalty clauses routinely turn straightforward business relationships into costly litigation. In South Africa, contract law is grounded in the principles of freedom of contract, good […]
So you thought you were safe?
“Without prejudice” disclosures (typically published in a hostile or litigious environment) are generally seen as an opportunity to be completely candid with an opponent in legal or contemplated legal proceedings without fear of jeopardising one’s case or risking any disclosure emerging in an open or court environment. Indeed, statements made and letters written without prejudice […]
Why alternate dispute resolution (ADR) is so important
Disputes and hostilities are regrettably a part of life and more so a part of commercial and business interactions. Many disputes can be foreseen / foreshadowed if one knows what to look for and when, but whether foreseen or not, once they arise, can in many instances be managed with a view to avoiding litigation. […]