Tag: business law

30
Mar

Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?

Article courtesy of Law Dot News | Business Law - Delict and Civil Claims “Where one of the parties wishes to be absolved either wholly or partially from an obligation or liability which would or could arise at common law under a contract of the kind which the parties intend to conclude, it is for that party to ensure that
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27
Jul

Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

Article courtesy of Law Dot News | Business Law | Corporate Compliance “Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business rescue. Creditors coming out of that process with a shortfall
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12
Oct

Business Law – Can Posting on Twitter Get You Fired?

  The Elon Musk Tweet As most entrepreneurs and business owners the world-over know, Elon Musk is the CEO and, until recently, chairman of the board of Tesla. In these positions, whenever Elon speaks or writes, it has a profound affect not only on the reputation but also on the share price of Tesla. Knowing this, I was stunned when
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25
Sep

The cost of litigation – What does it mean?

By: Sean Bosse The very nature of business and our commercial interactions with each other means that the ground is always fertile for disputes to arise. In cases of dispute that cannot be resolved between the parties on an amicable basis, either one or both parties may proceed to have the dispute referred to court for a final determination. The
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30
Aug

Restraint of trade- Is this an enforceable term of contract?

By: Sean Bosse In a recent commercial dispute, our client stared down a demand from her ex- franchisor to stop trading in her new business that was deemed to be the same or similar to the one she had operated under license from the ex-franchisor. The franchise agreement had a rather clumsily drafted restraint of trade clause incorporated therein which
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8
Aug

Supplier beware: Agency or Distribution???

By: Sean Bosse Taking products to market for sale to the end consumers usually entails a supplier engaging with a distributor or an agent in the supply chain. Broadly observed, the distributor and agent would appear to be one and the same thing except for the obvious difference in the names. This broad observance has, however, caught many a supplier
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