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The reliance on what is ‘reasonable’ under the circumstances in contractual relationships
- 13th Jun 2022
- Posted by: Barnard Inc
- Categories: Barnard Briefs, Contracts, Latest News
No CommentsThe Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.
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Cooking with oral agreements? Spur Corporation faces massive damages claim
- 21st Apr 2022
- Posted by: Barnard Inc
- Categories: Barnard Briefs, Contracts, Latest News
The Spur Corporation is facing a R183m damages claim based on an alleged oral agreement that led to the establishment of a rib supply facility in Cape Town.
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Why changing your domicilium address when you relocate is important
- 5th Apr 2022
- Posted by: Barnard Inc
- Categories: Barnard Briefs, Compliance, Contracts, Latest News
When parties conclude a contract, it is common practice for a “domicilium” clause to be included in the contract.
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Can a contract ever be non-cancellable?
- 1st Apr 2022
- Posted by: Barnard Inc
- Categories: Barnard Briefs, Contracts, Latest News
Is it possible to have an agreement that is “non-cancellable” and therefore contains no cancellation clause and, automatically, no “termination for convenience (without cause)” clause?
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Is the latest DStv streaming policy change legal?
- 10th Mar 2022
- Posted by: Barnard Inc
- Categories: Barnard Briefs, Contracts, Latest News
It may argued that rule 46A is open to interpretation in that is easily foreseeable that this process may be misused, resulting in perceived injustices against property owners.
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How the new Property Practitioners Act will impact Property Developers
- 25th Jan 2022
- Posted by: Barnard Inc
- Categories: Company Law, Compliance, Contracts, Conveyancing, Corporate Governance, Latest News, Litigation, Property
From 01 February 2022, the Property Practitioners Act repeals the Estate Agents Affairs Act and casts a wider candidate net that now includes property developers
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Due Diligence | The What, The Why and The When
- 19th Jan 2022
- Posted by: Barnard Inc
- Categories: Company Law, Compliance, Contracts, Corporate Governance, Due Diligence, Intellectual Property, Latest News, Mergers & Acquisitions, Risk Assessment
Whether you’re buying another company, selling off a division of your company or entering a new alliance, transactions have become increasingly multi-faceted.
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Force Majeure on the fringes of the pandemic lockdowns
- 7th Nov 2020
- Posted by: Barnard Inc
- Categories: Commercial Litigation, Contracts, Latest News
The COVID-19 pandemic-induced lockdown in South Africa has brought the legal considerations of force majeure into sharp focus across multiple industries, particularly in engineering and construction circles.
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Just how secure and legal are electronic signatures?
- 17th Apr 2020
- Posted by: Barnard Inc
- Categories: Compliance, Contracts, COVID-19, Latest News
The pandemic lockdowns have affected the way we do official business. The Electronic Communications and Transactions Act 25 of 2002 (ECTA) provides clarity on the topic of electronic transactions, including electronic signatures.
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Tips for drawing up a watertight partnership agreement
- 12th Feb 2019
- Posted by: Barnard Inc
- Categories: Contracts, Latest News, Partnerships
Setting up a beneficial partnership agreement with another business is essential. However, it can be complicated to set up, since it offers plenty of opportunities for mistakes.