Can I cancel an agreement by email?

The purpose of a contract is to provide legal certainty. A well drafted contract should crystalize the rights and obligations of the contracting parties. In the event of a dispute, the parties should be able to fall back on the terms of the contract to resolve their dispute. It would make little sense to record […]

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Be careful of signing suretyship (PODCAST)

Hear why you should be careful of signing suretyship 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.

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CAN I DISMISS MY EMPLOYEE FOR REFUSING TO SIGN A NEW CONTRACT?

Labour legislation does not require an employment contract to be in writing.  However, Section 29 of the Basic Conditions of Employment Act provides that certain written particulars of employment must be provided for as a minimum. Every employer is legally obliged to provide all employees with these minimum particulars in writing not later than the […]

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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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Can I sign my sale agreement with DocuSign?

According to its website, DocuSign is an American based company that allows you to electronically sign any document from “sales contracts and offer letters to account openings and invoices”. But can you use it to sign a sale agreement for your immovable property in South Africa? Section 2 of the Alienation of Land Act, 68 […]

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17 interesting facts and tips on sale of land agreements

A contract of sale of land signed by the seller and the purchaser is valid even if no witnesses signed the contract. A contract of sale of land can be concluded on behalf of a company to be registered. A contract of sale of land cannot be concluded on behalf of a trust to be […]

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17 interesting facts and tips on marriage contracts

1. If you get married without signing a marriage contract, you will automatically be married in community of property. 2. If you are married in community of property, i)  the assets of both spouses form part of the joint estate and can be attached by creditors for debts incurred by either spouse; ii)  the assets […]

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