Contract

“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 wrong if the people involved have different notions on whether what’s being

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Article courtesy of Law Dot News | Contracts | Property | Trusts Contracting with Trusts – Is a Majority Decision 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 AppealRead more

Article courtesy of Law Dot News | Contracts 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 (the

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Article courtesy of Law Dot News | Contracts - Verbal Agreements 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 areRead more

Article courtesy of Law Dot News | Contracts 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 aRead more

“Neither a borrower nor a lender be” (Shakespeare) This is a case of a “love relationship” gone wrong but the principles of vehicle ownership apply to any situation in which you lend a motor vehicle to anyone else. A widely-held misconception is that if you are the registered owner of a car, it is yours and you are the owner.

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Article courtesy of Law Dot News Electronic Signatures in Property and Other Transactions “To sign a document means to authenticate that which stands for or is intended to represent the name of the person who is to authenticate” (quoted in the case below) We all know that verbal agreements, although fully binding for most types of transaction, are a recipeRead more

Article courtesy of Law Dot News Leases, Contracts and COVID-19: What is Force Majeure? The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard. And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to payRead more

Article courtesy of Law Dot News Contract -Watch What You Say on WhatsApp! “Engage brain before hitting send” (Anon) WhatsApp comes with a host of business and personal benefits, and its use is growing exponentially here as in the rest of the world. Which brings us to a possible downside – binding yourself to a legally-enforceable agreement without really meaningRead more

Article courtesy of Law Dot News Contracts - Your Written Contract Should Cover Everything – No Oral Evidence Allowed! Here’s another warning from our courts to make sure that all your contracts are properly drawn to reflect both accurately and fully what you have agreed to. The problem with leaving anything out – or agreeing to something that isn’t thenRead more