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Contract Law in South Africa & Practicing as a Contract Law Attorney

In modern Roman-Dutch law of South Africa a contract may be defined as: An Agreement, (arising either from true or quasi-mutual assent) which is or is intended to be enforceable by law.The following popular statement has often been repeated in respect of the doctrine of quasi-mutual assent adopted from English law of contract “If, whatever …

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Enforceability of Restraints of Trade in South African Law

South African case law has overtime considered important policy considerations and legal principles in the enforcement of Restraints of Trade. These include: Contracts freely entered into by parties with capacity to do so are to be enforced (Pacta Sunt Servanda). The importance of competition in our economy. Section 225 of the Constitution of the Republic …

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Considerations & documentation necessary for a Sale of Business

There are numerous considerations necessary in the sale of business. The below information includes documentation which ought to be scrutinised by and on behalf of a potential purchaser. The benefit in requesting the information and supporting information pertaining to the business to be sold includes to: Obtaining objective information and consider the structure of the …

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The Duties of a Director & the Business Judgment Rule in terms of the Companies Act 71 of 2008

Section 76(3) of the Companies Act 71 of 2008 (the Act) details the duties of directors (when acting in that capacity) to act in good faith and for a proper purpose; in the best interests of the company and with the requisite degree of care, skill and diligence. In determining whether a director has breached …

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Relief Afforded to a Shareholder or Director from Oppressive or Prejudicial Conduct

South African Company law provides remedies to shareholders and directors for oppressive corporate conduct. Section 163 of the Companies Act 71 of 2008 (the Act) provides: ‘163(1) A shareholder or a director of a company may apply to a court for relief if-(a) any act or omission of the company, or a related person, has …

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Liability & POPIA

LIABILITY & POPIA The Preamble of the Protection of Personal Information Act No 4 of 2013 (“POPIA”) includes that “…the need for economic and social progress, within the framework of the information society, requires the removal of unnecessary impediments to the free flow of information, including personal information” and in order to “regulate, in harmony …

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