Agreements are important. Written agreements are more important. Well-written agreements are most important. We’ve all come across that contract. You know the one. There’re a gazillion clauses all crammed onto one page in a teeny-weeny font that requires a magnifying glass to read it. Assuming you could understand anything in amongst all the cross-referencing, Latin…
Suretyships and Business Rescue are important aspects of commercial law in South Africa. Suretyships are agreements in which a person agrees to pay the debt of another person or entity if they are unable to do so themselves. This is a common practice in the business world, particularly when securing loans from financial institutions. However,…
With the amount of publicity around mental health recently, it was only a matter of time before an ill-advised employer decided to address the issue head-on. In their employment contract. The clause landed up in the Labour Court, where the judge lambasted it. And rightfully so. The facts, briefly, related to an employee who was…
After a few years of renting the tenant decides it’s time to move on. On the last day of the lease the tenant supervises the loading of the truck, sweeps the floor on the way out, returns all the keys and remotes, and waves a nostalgic goodbye to the property as the gates close behind…
Ask any tenant, “What’s the most stressful part of renting?” and they’ll tell you it’s waiting for their deposit to be repaid. The final box has been loaded, the lost back-door key has thankfully been found, the floor’s been swept, and all keys and remotes have been returned to the owner. All that’s left is…
If there’s one thing that 2017 taught us, it’s beware of the disguised agreement. False agreements created to lend legitimacy to suspect accounting practices used to evade tax. Dodgy appointment terms signed to disguise the fronting nature of companies trying to obtain BEE certificates. Convoluted consulting agreements signed with politically-connected lead generators who miraculously secure…
Are you paying for an SABC TV licence, but don’t own a TV? You are not alone. There are many people who are technically eligible to cancel their TV licence and yet continue to pay the annual fee year after year. Reasons for this include: exasperation and finally giving up on the tedious cancellation process;…
This month Agreements Online turns 10 years old! It is only fitting that we celebrate our first birthday in the double-digits with a face-lift. And so it is with great excitement that we unveil our new look. After months of hard work, we are proud to present the new-and-improved Agreements Online website! You can still…
Common law principle of voetstoots Under our common law, when a buyer buys goods there is an implied warranty that the seller sells the goods free from any defects. But if the goods are sold voetstoots, it means that the buyer takes delivery of the goods “as is” and without warranty. If goods are sold…
If you missed Part I of our Tribute to Nelson Mandela, you can read it here. In Part I, we reflected upon Mandela – the Man. Sadly, his time with us has come to pass, and his presence will be sorely missed. But his wisdom, humility and humanity live on, not only in our memories,…
