Contract Drafting - SchoemanLaw Inc

Contracts and The Passing of Risk

by Guest Author | Jun 27, 2019 | Commercial law, Contract Drafting, Publications

Introduction It is often the case that when parties conclude a contract of sale, that the time manner and place of delivery can vary. It is therefore important to regulate which of the parties will bear the risk prior to delivery and under what circumstances. One such...

Can sureties escape liability?

by Guest Author | Jun 25, 2019 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Contract Drafting, Publications

Introduction In a difficult economy, it is seemingly more and more common that commercial agreements require a personal surety from one or more of the directors of a company and often that friends or family seek the assistance of someone to act as surety for credit...

The Landlord’s role in exclusivity and anti – competitive clauses in retail lease agreements

by Guest Author | Mar 27, 2019 | Civil Litigation and Alternative Dispute Resolution, Contract Drafting, Conveyancing and Property law, Publications

Introduction Shopping centres are an integral part of the South African landscape with customers and retailers thriving in a one-stop convenience and experience location.Tenant mix is vital to any potential retailer who considers letting space in a shopping centre. It...

Limitations on Contractual Capacity

by Jared Poole | Feb 15, 2019 | Contract Drafting, Publications

Introduction In South Africa, importance is placed on an individual’s ability to act in appreciation of the consequences of their actions. It is because of this general outlook that there are different legal limitations placed on a person’s ability to contract, which...

Failure by an Employee to give proper notice upon resignation

by Petrus Khumalo | Feb 11, 2019 | Contract Drafting, Employment law, Publications

Introduction Employment Contracts should set out the notice period which an Employee must give if he/she wants to terminate employment. This is due to the fact that a failure to give proper notice of the termination of employment can have dire consequences for an...

Contracts: Key differences between options, preferences and rights of pre-emption

by Guest Author | Jan 23, 2019 | Commercial law, Contract Drafting, Publications

Introduction Common contractual clauses include those of Options, Preferences or Rights of Pre-Emptions. These are particularly common in contracts of sale as well as contracts of lease in some cases. While all these instruments have the effect of benefiting one of...

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Contracts and The Passing of Risk

Can sureties escape liability?

The Landlord’s role in exclusivity and anti – competitive clauses in retail lease agreements

Limitations on Contractual Capacity

Failure by an Employee to give proper notice upon resignation

Contracts: Key differences between options, preferences and rights of pre-emption

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