Can Your 👍Thumbs-Up Emoji or E-Signature Seal a Deal?

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...
Verbal Agreements – Not Much Good, But Lots of Bad and Ugly

Verbal Agreements – Not Much Good, But Lots of Bad and Ugly

“The Good, The Bad, and The Ugly” (Spaghetti Western, 1966) A common myth – one that can get you into a whole lot of trouble if you aren’t alive to it – is that verbal contracts are not legally enforceable in South Africa. The opposite is true. With very few...
Exemption Clauses in Contracts – Fine Print Can Void Them

Exemption Clauses in Contracts – Fine Print Can Void Them

“… he did not think that he was binding himself ‘to all sorts of fine print that I can’t even read’.” (Extract from judgment below, describing evidence given by the customer during the trial) For suppliers of goods or services, incorporating a strong, clearly worded...

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