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Filter: Contract
Terminating a contract – beware of the fine print!

28 February 2023,  Millisanté de Wee

In the world of contracts, the concluding of a contract is only the beginning of the process. Managing a contract... to conclusion, including navigating all the pitfalls along the way, is just as big a part of the overall success of a contract. In this article we will explore the importance of correctly terminating a contract, as, let’s face it, things don’t always go to plan and you may need to climb out of a bad contract situation. 

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Our advice for effective contract management

02 June 2022,  Millisanté de Wee

The deal’s done, the congratulatory drinks drunk, the contract’s filed, everything’s sorted…. Or is it? For many parties the euphoria... of finally signing the deal clouds the reality that this is only the start and not the end. Many a deal has landed on the rocks, not because of bad drafting or negotiation, but due to poor contract implementation by one or both of the parties. But this negative result is avoidable.ot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s). 

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What if the employee working from home, does not work at home?

08 February 2022

If your business has employees working from home, you may be concerned about whether your employees are in fact working... their required hours, or if they may instead be “stealing time” from your business. Should companies merely accept this as the new world of work due to the pandemic, or can a company act against such employees?

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How valid is signing an agreement electronically?

10 February 2021,  Luhann Prinsloo

I’ve grown up signing our business contracts with pen on paper. With Covid however, most of my suppliers send me... their agreements electronically which I sign by adding a copy of my signature digitally or, in some cases using specific software through which I then add my signature. It does make things easier, but I was wondering how valid and binding these agreements are?

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Compliance Course: Concluding a contract | GET 25% OFF

22 July 2020,  Nanette Janse van Rensburg

Contracts are a part of life, often in ways we do not even realise. But do you know enough about... contracts to enter into a legally binding one? Do you understand the different aspects of a contract, and know what to look out for?Unfortunately, when it comes to concluding a contract, one party’s ignorance will often negatively impact both parties at the end of the day.This course, Concluding a contract, written by me as Commercial Practice Manager, will help you understand how contracts work, how they are utilised, and how their legislative foundation binds us to them. Special offer:Click here to sign up and use Phatshoane Henney Attorneys' unique discount code, PHI25, to get an immediate 25% off!

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How valid is a marriage contract if not confirmed by court?

10 July 2020

I have been married to my husband for more than 20 years. We were both in our early twenties when... we were married according to customary rites as well as civilly out of community of property. Since then my husband has built up a few successful businesses and a few years ago we created our own post-nuptial agreement to confirm that we see ourselves as married in community of property. Unfortunately, we have fallen on troubled times and wish to get divorced. My husband says we are still married out of community of property as the agreement we signed late is invalid. Is this true?

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How far can Covid-19 be used to avoid meeting contractual obligations?

11 June 2020

With the outbreak of the coronavirus and the resulting lockdown I have found that many of the service providers to... my business are using the coronavirus as an excuse to not meet their contractual obligations. We have all been affected by this, but at some point the virus cannot be a blanket excuse for not meeting your obligations. To what extent is the virus a valid excuse?

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Covid Advisory: Contracts, contractual obligations and business rescue

20 April 2020

Did you know that business rescue proceedings can assist in managing your contractual obligations?

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Can my insolvency lead to termination of my lease?

11 April 2019,  Jonathan Le Riche

I own a few commercial properties that I rent out to businesses. Recently it has come to my attention that... one of my longstanding tenants is going under financially. He has nearly two years left on his term. Can I terminate his rental agreement if he becomes insolvent?

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How about that ‘suspensive condition’?

11 April 2019,  Mulalo Mokgoro

I’ve bought and sold a few houses in my time and have always seen provision being made for a suspensive... condition such as that the agreement is subject to a home loan being obtained. I’ve got the gist of what it means, but have never felt like I can explain it to someone else. Can you break it down for me?

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Can private schools have a termination clause in their contracts with parents?

03 January 2019,  Marvin Odendaal

Family friends of ours have a child who has been kicked out of the private school he was attending. As... I understand it, the school just terminated the contract with the parents based on the unruly behaviour of the child. They are very upset by the school’s action and I was wondering whether a private school is allowed to just do that?

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Candice Reynders on MedFM: lease agreements

14 November 2018,  Dr Candice Reynders

This October Candice Reynders, your personal commercial advisor, spoke on MedFM 104.1 about the most crucial aspects of lease agreements.

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