Results for contractual obligations

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ConCourt judgment clarifies contractual fairness
ConCourt judgment clarifies contractual fairnessArticle

An issue, which has been shrouded in uncertainty in South African contract law, is when courts may refuse to enforce valid contractual terms on the basis that it considers that enforcement would be unfair, unreasonable or unduly harsh. The Constitutional Court in the case of Beadica 231 CC and Others v Trustees for the time being of Oregon Trust, has finally offered some clarity...

Rishal Bipraj 11 Sep 2020

#ACACaresCovid19: Contracts, communication and collaboration
#ACACaresCovid19: Contracts, communication and collaborationArticle

More in our series of powerful insights from the marketing industry leaders Mzamo Masito, CMO of Google Africa and Boniswa Pezisa, CEO of Net#work BBDO, pointing the way to futureproofing economies...

17 Jul 2020

Construction industry overcoming Covid-19 challenges of being back at work
Construction industry overcoming Covid-19 challenges of being back at workArticle

With the entire construction industry allowed back at work from 1 June, in line with the implementation of Level 3 lockdown, many companies were caught by surprise...

9 Jun 2020

Fulfilling contractual obligations - when force majeure applies, and when it doesn't
Fulfilling contractual obligations - when force majeure applies, and when it doesn'tArticle

What is "force majeure" and when does it apply? Advocate Christo Erasmus, head of legal at Bidvest International Logistics explains...

3 Jun 2020

Openview, now powered by 2 million homes
Openview, now powered by 2 million homesArticle

In the highly competitive, content-driven space of providing world-class entertainment to South African's whose power of choice is more diverse than ever, two million households have chosen Openview as their go-to viewing option...

Issued by eMedia 27 May 2020

Getty Images/Stock photo
Vultures, doves and African debt: here's a way outArticle

Once again, African countries are confronting overwhelming debt burdens. According to the most recent World Bank debt statistics, they owe a total of $493.6bn in long term debt to their foreign official and commercial creditors. About one third, $117bn, is in the form of tradeable bonds...

Danny Bradlow 7 May 2020

Big standoff between retailers and landlords looms
Big standoff between retailers and landlords loomsArticle

Shopping centres and large retail outlets are bleeding. With most having to keep their doors closed during the lockdown period, revenue has slowed to a trickle...

Kagiso Mahlangu 7 May 2020

Oneyka Ojogbo
Mitigating risks in the current oil industry crisisArticle

The compounding effects of coronavirus and oil industry disruptions pose unique and significant challenges, particularly on the African continent where the economies of producing countries are largely dependent on oil revenues...

Oneyka Ojogbo 6 May 2020

Covid-19 and downgrades: Director's duties unpacked
Covid-19 and downgrades: Director's duties unpackedArticle

At the same time as grappling with a nationwide lockdown to curb the spread of Covid-19, South Africa's credit rating was also downgraded to below investment grade by Moody's...

Safiyya Patel & Jayshall Vassen 6 May 2020

Covid-19 and its impact on loans and real estate arrangements
Covid-19 and its impact on loans and real estate arrangementsArticle

In the wake of the spread of the Covid-19 global pandemic, the real estate and loan markets in Kenya are bound to be affected...

Loice Erambo 29 Apr 2020

Effect of Covid-19 on property sale agreements
Effect of Covid-19 on property sale agreementsArticle

In light of the impact Covid-19 has had on jobs and the economy, many individuals and companies are concerned about whether they will be in a position to fulfil their obligations in terms of contracts of sale they may have entered into or intended concluding...

Shaaheda Hoosein 28 Apr 2020

3 pressing employee questions regarding Covid-19 lockdown
3 pressing employee questions regarding Covid-19 lockdownArticle

The recent lockdown, which in some cases has been extended in several countries around the world, has proven to pose a number of challenges from a legal perspective...

22 Apr 2020

What happens to property transactions during lockdown?
What happens to property transactions during lockdown?Article

As companies and individuals come to terms with what lockdown means, many are getting over the initial shock and starting to wonder what happens to their property transactions...

Kagiso Mahlangu 9 Apr 2020

Paying the rent: Navigating the conflicts caused by coronavirus
Paying the rent: Navigating the conflicts caused by coronavirusArticle

The effects of Covid-19 are being felt by small and larger businesses particularly in the retail and leisure sectors...

Kayla Shadiack 27 Mar 2020

7 tips to reduce the cyber risk of remote workers
7 tips to reduce the cyber risk of remote workersArticle

The Covid-19 outbreak creates opportunities for hackers. Remote working makes it harder to secure and contain your IT environments, protect confidential information and to respond to incidents...

Priyanka Naidoo 23 Mar 2020

Cyber risk during Covid-19 outbreak
Cyber risk during Covid-19 outbreakArticle

A common response by businesses to the spread of the coronavirus (Covid-19) has been to implement measures that require social distancing and remote working...

Rosalind Lake and Priyanka Naidoo 19 Mar 2020

A guide to legal issues and risks surrounding Covid-19
A guide to legal issues and risks surrounding Covid-19Article

The global outbreak of Covid-19 has caused disruption across the world and very recently South Africa...

18 Mar 2020

Coronavirus, contracts and force majeure
Coronavirus, contracts and force majeureArticle

The coronavirus is having a significant impact on the global economy as it increasingly disrupts production, supply chains and travel. With that in mind, organisations should consider any potential legal risks and how to protect themselves against them...

Liz Pinnock 12 Mar 2020

Precautionary steps to minimise risk of Covid-19 on business
Precautionary steps to minimise risk of Covid-19 on businessArticle

Businesses in South Africa should consider whether the coronavirus outbreak may affect their commercial contracts and if so, which steps they can take to minimise their risk and exposure...

5 Mar 2020

Bus operator's application against Prasa dismissed
Bus operator's application against Prasa dismissedArticle

The Competition Tribunal (Tribunal) has dismissed an interim application by the African People Mover (APM), a bus company which sought interim relief from paying access costs at the Park Station bus facility...

5 Mar 2020

Fitch maintains SA BB+ rating
Fitch maintains SA BB+ ratingArticle

Rating agency Fitch announced its decision this week to affirm South Africa's long-term foreign and local currency debt ratings at 'BB+' and maintain the negative outlook...

19 Dec 2019

Image source: Getty/Gallo
#MTBPS2019: Little growth expected in mining sectorArticle

While mining is barely touched on, the Medium Term Budget Policy Statement (MTBPS) anticipates little to no growth in the sector...

31 Oct 2019

Oil and gas is the lifeblood of Nigeria’s economy. Wikimedia Commons
Explainer: how Nigeria got hit with a $9.6bn judgement debt in LondonArticle

Nigeria has received a legal hiding after a UK court awarded a private company a $9.6bn judgement debt against the West African nation...

Oludara Akanmidu 11 Sep 2019

Contract terms vs principals of fairness and public policy
Contract terms vs principals of fairness and public policyArticle

Over the years, and particularly since the dawning of the Constitutional era, litigants have tried to rely on the principals of fairness and public policy to justify departure from certain contractual obligations...

Rosanne Kinder 9 Sep 2019

Supply chain mistakes SMEs should avoid
Supply chain mistakes SMEs should avoidArticle

Considering the tough economic environment, it has never been more important for small businesses in the logistics sector to keep their supply chains healthy and eliminate costly mistakes...

26 Aug 2019

Gagasi FM media statement
Gagasi FM media statementArticle

Gagasi FM confirms receipt of a proposed termination of contract, with the station, from Sphectacula and DJ Naves, with effect from 2 August...

Issued by Gagasi FM 2 Aug 2019

Afrima revokes Ghana's hosting rights
Afrima revokes Ghana's hosting rightsArticle

The All Africa Music Awards' (Afrima) international committee has revoked Ghana's hosting rights for the 2019 and 2020 editions of the awards.

1 Aug 2019

Delayed, non-payment of subcontractors contributing to construction industry crash
Delayed, non-payment of subcontractors contributing to construction industry crashArticle

As delayed or non-payment of subcontractors by main contractors occurs more frequently within the South African construction industry, subcontractors are faced with the dilemma of either accepting work on onerous terms and risking late or non-payment or closing their doors...

28 Jun 2019

Are agreements in restraint of trade enforceable?
Are agreements in restraint of trade enforceable?Article

There is a common misconception amongst many members of the public, and indeed the legal profession, that agreements in restraint of trade are invalid and unenforceable. As a matter of fact, and law, nothing could be further from the truth...

John Saner, Issued by LexisNexis 14 May 2019

Smart contracts vs traditional contracts: Same but different
Smart contracts vs traditional contracts: Same but differentArticle

Smart contracts mark the evolution of the binding contract from a set of terms and conditions, governed by the common law, into a set of conditional statements governed by a programming language and the tenets of blockchain technology...

Seshree Govender 26 Mar 2019

Time is money - have your ducks in a row to avoid costly transfer delays
Time is money - have your ducks in a row to avoid costly transfer delaysArticle

While some delays cannot be foreseen, it's possible to exponentially reduce the risk by doing one's homework...

28 Feb 2019

Turning around the failure of South Africa's land reform projects
Turning around the failure of South Africa's land reform projectsArticle

Cyril Nhlanhla Mbatha of Unisa SBL outlines some key production and marketing strategies to be considered for emerging black smallholders...

Cyril Nhlanhla Mbatha 1 Oct 2018

Image: Courtesy Stats SA
How to make public private partnerships work for youArticle

The public private partnerships model began to be considered by the South African Government as one of the methods to deliver infrastructure projects in the 1990s. There has been a steady growth of these partnerships since then...

Ramodise Mekoa 8 Jun 2018

Occupational Health and Safety (OHS): The big picture
Occupational Health and Safety (OHS): The big pictureArticle

Taking a proactive approach to occupational health and safety will help small contractors to build their businesses and the industry to transform and realise its potential. Even better, there is a way to achieve this...

Boitumelo Thipe and Makhosazana Kunene 6 Jun 2018

Farmers hail cotton auction system
Farmers hail cotton auction systemArticle

Farmers in Zimbabwe have commended the government for improving cotton prices through introducing the auction system...

Elita Chikwati 30 Apr 2018

Will business feel the after-effects of FB's data breach?
Will business feel the after-effects of FB's data breach?Article

Gil Sperling, CTO of Facebook marketing partner, Popimedia comments on Facebook's data breach and what it means for advertisers?...

Gil Sperling 9 Apr 2018

You can't fire me, I resign!
You can't fire me, I resign!Article

The past year has seen many high level execs resign rather than face a disciplinary inquiry. This raises the question: does a company have any right to reject a 'resignation with immediate effect' and make the employee go through the disciplinary process...?

Shan Radcliffe 18 Mar 2018

Do you know what your rental rights are during the water crisis?
Do you know what your rental rights are during the water crisis?Article

With Day Zero in Cape Town projected for 9 July, a number of questions have been raised about how the water crisis affects the rights of tenants and landlords...

5 Mar 2018

#AEI2018: Closing Africa's energy gaps
#AEI2018: Closing Africa's energy gapsArticle

While access to affordable, reliable and sustainable energy for all will usher in economic growth and job creation on the continent, energy projects in Africa lack sufficient access to financing sources...

Danette Breitenbach 22 Feb 2018

Applications open: Allan Gray Orbis Foundation Fellowship programme
Applications open: Allan Gray Orbis Foundation Fellowship programmeArticle

All entrepreneurially-minded Grade 12 South African learners are invited to apply for the Allan Gray Orbis Foundation Fellowship programme...

24 Jan 2018

ASA may rule on the advertising of non-members
ASA may rule on the advertising of non-membersArticle

The Appeal Court has handed down judgement stating that the Advertising Standards Authority may consider and rule on the advertising of non-members...

3 Oct 2017

Lake Turkana Wind Power Project, Kenya.
Partnerships provide a lifeline for cash-strapped countriesArticle

Governments are reforming to woo private capital, according to the UN, in this third and last part of the partnership in Africa series...

Kingsley Ighobor 20 Sep 2017

Insights into IFRS and insurance companies
Insights into IFRS and insurance companiesArticle

Insurance companies are required to comply with the applicable financial reporting standards...

Denise Durand and Charl Williams 11 Sep 2017

Photo by Alex Holyoake via Unsplash
Automotive industry Code of Conduct shows progressArticle

According to Right to Repair SA (R2RSA), progress is being made on a Code of Conduct that will bring much-needed change to the automotive industry...

8 Aug 2017

Appletiser plant in Elgin ramps up annual production
Appletiser plant in Elgin ramps up annual productionArticle

The Appletiser plant in Elgin is ready to almost double its annual production by October, following its merger last year of the non-alcoholic ready-to-drink bottling operations...

28 Jun 2017

Nikita Lalla
Impact of junk status on construction industry exaggeratedArticle

Fears of non-payment, rising credit costs and a number of projects being put on hold are some of the perceived threats leading contractors to consider terminating contracts with state-owned entities...

5 Jun 2017

Final call for Allan Gray Fellowship applications
Final call for Allan Gray Fellowship applicationsArticle

Calling young entrepreneurial dreamers: make your dreams a reality by applying for the Allan Gray university fellowship opportunity by 12 May 2017...

3 May 2017

Source: Eskom
Eskom fires supplier over bad coalArticle

Eskom has terminated its contract with a major supplier for consistently delivering poor-quality coal...

29 Mar 2017

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