by slamatattorneys | Jul 30, 2021 | business law, contract law
The exceptio non adimpleti contractus is a contractual defence which can be raised in regard to reciprocal contracts. While it is classically stated that reciprocity is the cornerstone of any good relationship, it is evident that times have certainly changed. The... 
by slamatattorneys | Jul 30, 2021 | contract law
It is clear that the legal principle of force majeure in South African law of contracts is receiving more attention as the second year of the Covid19 pandemic moves on. Essentially, force majeure in South African common law is a means of obtaining release from... 
by slamatattorneys | May 24, 2021 | contract law
RESTRAINT OF TRADE versus PUBLIC INTEREST? IS THIS THE TRUE QUESTION? RESTRAINT OF TRADE IN SOUTH AFRICAN LAW… AND THE PUBLIC INTEREST? In essence, a restraint of trade provision is a term in a contract of employment that (typically) provides that after termination of... 
by slamatattorneys | Apr 18, 2021 | contract law
Suretyship contracts – requirements and consequences We are receiving numerous calls for assistance with suretyship contracts. This trend may be in light of the Covid-19 times and the recent up-trend for businesses and individuals seeking to operate their businesses... 
by slamatattorneys | Mar 17, 2021 | contract law
The purpose of the Conventional Penalties Act 15 of 1962 is to, inter alia: Provide for the enforceability of penalty stipulations in contracts including stipulations based on pre-estimates of damage (liquidated damages); Provide for the enforceability of forfeiture...