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Terminating a Contract: Rights, Procedures & Aftermath
Introduction Delving into the intricacies of contract termination unveils a unique and powerful recourse available exclusively to the innocent party under specific and exceptional circumstances. Unlike specific performance, the act of terminating a contract is a...
The Conveyancing Process: A Guide for Business Owners
Introduction Property transactions are a critical aspect of doing business in South Africa. Whether you are acquiring a new office space, expanding your industrial facilities, or investing in commercial property, understanding the conveyancing process is essential....
The Distinction: Trustee vs Trust Administrator
In the world of trusts, the roles and responsibilities of individuals managing trust affairs can often become a source of confusion. Two key roles are trustees and trust administrators, each with distinct functions. Trustee: A Fiduciary with Legal Responsibilities A...
Navigating Employment, Gender Equality and Parental Leave
Introduction: On October 25, 2023, the Gauteng Division of the High Court of South Africa delivered a significant judgment in the case of Van Wyk & Others v The Minister of Employment and Labour. This legal challenge targeted sections 25, 25A, 25B, and 25C of the...
Navigating The Grounds For Divorce: From Fault to No-Fault
Introduction: South Africa has seen a transformative journey in its divorce laws, a transition from the fault-based approach to the more contemporary no-fault system. This article explores the evolution of divorce laws in South Africa, delving into the historical...
Time Barring – B-BBEE Commission
The B-BBEE Commission (the "Commission") is empowered in terms of the Broad-Based Black Economic Empowerment Act 53 of 2003 (the "Act") and has jurisdiction throughout South Africa. The Commission is charged, among other things, to oversee, supervise and promote...
Director and Successor Liability in Company Liquidation
Introduction Company liquidation can be a complex process, involving settling debts and distributing assets to stakeholders. During this process, questions often arise regarding the liability of directors and the potential responsibilities of a new company formed...
PAIA Compliance Deadline: Is Your Website Ready?
Introduction: The Promotion of Access to Information Act (PAIA) is legislation that promotes transparency and accountability by granting individuals the right to access information held by public and private bodies. Private bodies, including businesses and...
What is a Contract Playbook and Why you Need One!
A contract playbook is a strategic document that serves as a guide or framework for creating, reviewing, and managing contracts within an organisation. It is a dynamic tool that provides a structured approach to contract creation and management, helping organisations...
Understanding Default Judgment and Rescission Applications
Introduction Do you have a judgment against you and wish to challenge this? Your best option is to contest it through the process of rescission of judgments. This legal avenue allows you to seek the setting aside or reconsideration of a court order under specific...
The Necessity of Employment Contracts
Introduction If you've ever wondered whether you really need a fancy written and signed contract to seal the deal when it comes to getting a job in South Africa, you're not alone. We're here to break it down for you and make it simple. In this article, we'll explore...
Early Agreement Termination & Reasonable Termination Costs
Introduction: Loadshedding and the resulting economic crises have caused serious disruptions to businesses and individual lives. Due to economic pressures, many individuals and entities are forced to terminate agreements they had entered into and consequently,...
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