BFFs no More: The Verbal Agreement That Cost R1 Million
“My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and signed...
Gift or Loan? A Cautionary Tale for the Season of Giving
“The bluntest pencil is better than the sharpest mind” (Unknown) The Festive Season is traditionally a time for giving, and it seems a pity to have to mention the hard realities of the law right now. But, as a recent High Court dispute confirms, things can go horribly...
Contracting with Trusts – Is a Majority Resolution Valid?
“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides...
Can Your Thumbs-Up Emoji or E-Signature Seal a Deal?
“…data messages or electronic signatures are now recognised in our law as equivalent to a proper basis upon which a written contract can be concluded. Thus, a valid written contract can be concluded electronically.” (Extract from the South African judgment below) ECTA...
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