The Three “V’s” Of Contracts
Whether it be entering into a contract or simply trying to enforce contractual terms, contracting parties are often faced with terminology and phrases that they have not been faced with before and the consequences of which they may not fully appreciate. As a rule of...
The “Bad Apple” Director ….. How to Step Back in Line or Say Your Goodbyes
Unfortunately, the “bad apple” director is not as fictitious a person as many companies would like to think. Let me clarify… A director who fails to comply with certain standards, or fails to honour certain agreements, has, in my view, deviated from what is reasonably...
COMMERCIAL CONTRACTS AND THE CONSIDERATIONS
The role of public policy considerations, norms of fairness and constitutional values such as Ubuntu in the law of contract, have long caused legal uncertainty. However, a recent decision in the Constitutional Court has now put an end to this. A recent case In...
Price Fixing under the Competition Act
The Competition Act 89 of 1998 (hereinafter referred to as the Act) prohibits price fixing and collusion between competitors. The aforementioned conduct is commonly referred to as ‘anti-competitive conduct or behavior’. The Act encompasses certain aspects such as...
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