Understanding Shareholders’ Agreements and MOI in South Africa
Collaborative Content In South Africa, two important documents are essential in regulating a company’s operations: shareholders’ agreements and Memorandum of Incorporation (MOI). Although both documents serve the same purpose of governing a company’s...
Electricity Consumption & Unjust Enrichment Claim
The Supreme Court of Appeal (SCA) delivered a judgment on 28 March 2024, in the case of Prasa Real Estate v Community Property Company and eThekwini Municipality, concerning a contractual dispute over electricity consumption. The sale of a business lacked tacit...
Enhancing Legal Certainty: Understanding the Limitations of Memorandum of Understanding (MOU) as a Legal Instrument
Contracts are crucial in the world of business and governance as they define relationships and responsibilities. Among these, the Memorandum of Understanding (“MOU”) often serves as a preliminary document that outlines the terms and conditions of a potential agreement...
Understanding Fairness In Contract Agreements: The Role Of Good Faith
Introduction In the realm of South African contract agreements, a pivotal element at play is the concept of good faith. It’s not just legal terminology; it represents a fundamental value shaping the interpretation and enforcement of contracts. This article takes...
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