Is a restraint of trade still enforceable? PODCAST

  Find out all you need to know about the enforcement of a restraint of trade by listening to our podcast at the link below:     Did you know that you have a world of knowledge at your fingertips? Visit our FAQ page for answers to a wide variety of legal questions. Read more...

Options v Rights of first refusal

If you market, buy or sell immovable property on a regular basis you will at some stage be faced with Rights of First Refusal and Options. Although they might be similar in nature, they have core differences. Failure to understand these differences is simply not an option. In both cases you will have a grantor […]

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Rent due: a creditors nightmare

In terms of Chapter 6 of the Companies Act 71 of 2008 (hereinafter referred to as “the Act”) a company, which is financially distressed, may be placed under business rescue. The business rescue proceedings may be commenced with either through a valid resolution passed by the board of directors or through an application made to […]

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The duties and liabilities of company directors

The woes of Steinhoff have been in the news since December 2017.  As has been widely reported in the press, the share price of the company fell by about 95% after it became known that the company materially overstated its profits and materially understated some of its liabilities. The board of Steinhoff consisted of eminent […]

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When is payment of my commission due and payable to me by my employer?

I am employed as a temporary employee and my employer is now withholding commission I am entitled to in terms of our verbal employment agreement. Temporary employee: An employment situation where an employee is expected to remain in a position for a certain period of time. Temporary employees may have the opportunity to achieve permanent […]

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What does “Offer + Acceptance = a Contract” mean?

What does “Offer + Acceptance = a Contract” mean? A contract is in our Law created where parties reach consensus on the essential elements of the specific contract.  Where formality requirements are prescribed, the contract will only be binding if these have been complied with. Consensus is in most cases reached by one party making […]

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