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Filter: Contract
Black or blue…? Or red for a bit of variety!

11 April 2016

I’ve often wondered if an agreement must be signed with black ink. What happens if it is signed with a... blue of even red or green pen? Is it invalid?

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248
Article
Can I take my satellite dish with me?

14 April 2015

Mr Purchaser is excited about buying the flat from Mr Seller, more so as the flat comes with an installed... DSTV satellite dish to which he only needs to connect his decoder to watch the Rugby World Cup later this year! Mr Seller however has no intention of leaving his satellite dish behind as he also wants to watch the rugby from his new flat. But can Mr Seller just take his dish, or is Mr Purchaser entitled to have the dish remain behind?

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237
Article
Kan ‘n kontrak regtens deur die stuur van ‘n epos gekanselleer word?

16 March 2015

Met die spoedige ontwikkeling van tegnologie moet enige besigheidsman deesdae nie net op hoogte bly van tegnologiese verwikkelinge nie maar... ook met verwikkelinge in die reg. In die hedendaagse lewe word ooreenkomste gereguleer deur kontrakte wat geteken word deur al die partye. Dit bring na vore die vraag of digitale kommunikasie relevant is vir ons kontraktereg en selfs meer spesifiek, of ‘n party byvoorbeeld ‘n ooreenkoms regmatig kan kanselleer deur die stuur van ‘n epos?

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282
Article
Can you cancel a contract by email?

16 March 2015

Your agreement is signed, sealed and delivered! You know that in the agreement a non-variation clause stipulates that no variation... or consensual termination of the agreement shall be of any force or effect unless in writing and signed by both parties thereto. This clause seems simple enough…. If you want to cancel the agreement, all you have to do is ensure that it is in writing and signed. What can possibly go wrong?

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227
Article
Oral variations of an agreement – are they valid?

16 March 2015

You decide to rent a cottage from a friend to live in his backyard for a year or two. You... both agree that it would be wise to enter into a lease agreement and have the necessary agreement drawn up. Everything goes well until the monthly rental increases as per the agreement. You discuss the situation with your friend who agrees to waive the increase verbally. But is this sufficient and can you legally rely on his word only?

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287
Article
The Contract is silent as to the duration…Is there a way out?

12 January 2015

The contract is signed, the deal made, the future is bright…! Who really cares about how long the contract must... run? A few months later the deal is over, the relationship soured, the future bleak… But the contract is silent as to the duration. Does this spell eternal damnation at the behest of a contract that does not allow for an exit or can a contract which has no express duration clause be terminated?

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217
Article
Beware of buying a house with a pro forma contract

24 August 2014

You’ve received a fantastic offer on your house and, very satisfied you, as the seller, sign the sales contract that... your realtor has drawn up and on which the signature of the buyer already blossoms.  Thank goodness the sale is now valid and binding – or is it? 

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203
Article
The danger of ignoring boilerplate clauses in contracts

24 August 2014

We’ve all seen the standard clauses at the end of a sale or rental agreement or included in the terms... and conditions of your gym membership contract. Headings like ‘jurisdiction’, ‘entire agreement, ‘arbitration’, ‘applicable law’, ‘amendments’, ‘domicilium’, ‘notices’, ‘counterparts’ and more abound and seem to contain extensive legalese in what is often seen as an attempt to bulk up what should be a straightforward agreement. But how important are these boilerplate clauses, and can I just view them as unnecessary contractual ‘bulk’?

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241
Article

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