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Contract Management
Advice and support in respect of contract management, contract storage, risk and liability assessment, contract reviews, contract due diligences, contract management policies and procedures, standardised contract formats.
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Contractual Consequences of Breaking Off an Engagement
12 August 2024
Contrary to popular belief, an engagement is not a mere social agreement. South African common law recognises an engagement (or
...
promise to marry) as a contract from which some contractual remedies may flow. The engagement contract is, however, a contract sui generis (of its own kind). Therefore, it gives rise to cert
show more
READ MORE
2024
Article
Why a Notary? - Part 1
05 December 2023,
Grant Hill
Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of
...
Oaths. To answer this question, one must know and understand the role and functions of a Notary, also commonly known as a Notary public.
show more
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1136
Article
Fraud: Remedies available to defrauded parties
05 December 2022
Parties are sometimes induced to enter into agreements because of representations made by the other party. Such agreements can then
...
later turn out to be to the party’s detriment if the representation was fraudulent. This article will briefly discuss the essential elements that an innocent party must prove in order to either claim damages or t
show more
READ MORE
920
Article
Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944. CONSENT TO JURISDICTION
05 December 2022
“I want to conclude a repayment agreement with a debtor for an amount which exceeds the magisterial jurisdictional amount of
...
R400 000,00. I, however, do not want to abandon any part of my claim and would rather opt to insert a clause in the agreement where the debtor and myself consent to the jurisdiction of the Magistrates Court in order to
show more
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10309
Article
How conditional is a performance guarantee?
15 November 2021
Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil
...
project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance
show more
READ MORE
754
Article
Can a settlement agreement override fair tender procedures?
10 February 2021
After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder
...
who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agre
show more
READ MORE
580
Article
Contractual Consequences of Breaking Off an Engagement
12 August 2024
Contrary to popular belief, an engagement is not a mere social agreement. South African common law recognises an engagement (or
...
promise to marry) as a contract from which some contractual remedies may flow. The engagement contract is, however, a contract sui generis (of its own kind). Therefore, it gives rise to certain contractual remedies. If a party to an engagement refuses to marry or unduly delays the marriage, their conduct may constitute a breach of promise.
show more
READ MORE
2024
Article
Why a Notary? - Part 1
05 December 2023,
Grant Hill
Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of
...
Oaths. To answer this question, one must know and understand the role and functions of a Notary, also commonly known as a Notary public.
show more
READ MORE
1136
Article
Fraud: Remedies available to defrauded parties
05 December 2022
Parties are sometimes induced to enter into agreements because of representations made by the other party. Such agreements can then
...
later turn out to be to the party’s detriment if the representation was fraudulent. This article will briefly discuss the essential elements that an innocent party must prove in order to either claim damages or terminate an agreement in circumstances where they were defrauded.
show more
READ MORE
920
Article
Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944. CONSENT TO JURISDICTION
05 December 2022
“I want to conclude a repayment agreement with a debtor for an amount which exceeds the magisterial jurisdictional amount of
...
R400 000,00. I, however, do not want to abandon any part of my claim and would rather opt to insert a clause in the agreement where the debtor and myself consent to the jurisdiction of the Magistrates Court in order to save costs when action is brought due to the debtor failing to perform in terms of the agreement. Kindly explain this situation to me.”
show more
READ MORE
10309
Article
How conditional is a performance guarantee?
15 November 2021
Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil
...
project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance bond. Surely, this enforcement of the bond must be subject to reasonableness?
show more
READ MORE
754
Article
Can a settlement agreement override fair tender procedures?
10 February 2021
After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder
...
who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agreement with the bidder to avoid litigation. Surely such a settlement agreement cannot override fair tender procedures?
show more
READ MORE
580
Article
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