Void vs Voidable

  An agreement that is unenforceable from the moment it is created is void ab initio (or void from the outset). Examples would be that the contract did not possess any one of the essentialia of a valid contract as at the time of conclusion and therefore a contract could never have been created. The following are [...]

A Founder’s relationship to the Beneficiaries of a Trust

The founder creates a trust relationship embodied in the trust document in terms of which he gives the trustees of the trust the power to exercise control over the trust assets in accordance with the terms and conditions of the trust deed for the benefit of the beneficiaries. A founder can be any of the [...]

The National Credit Amendment Bill: Putting Black Listing in Check

At the end of February this year the National Assembly unanimously adopted the National Credit Amendment Bill of 2013 (“the Bill”). The purpose of the Bill is to introduce or amend important changes in terms of the National Credit Act 34 of 2005 (“the Act”). Its objective is to ensure certainty and clarity where the [...]

Corporate Law in the wider sense

When corporations and companies are established, there is an interaction among stakeholders (consumers and the community) and shareholders (owners of stocks in corporations). These two parties make the existence of a corporation possible: the stakeholders providing the profit of a corporation, and the shareholders providing capital to corporations. Without one or the other, a corporation [...]

Market Manipulation in South Africa

The stock market plays a crucial role in the economy of a country and effects the growth of its commerce and industry. The industry, government and central banks will work together to keep an eye on the goings-on of the stock market. Investing on the stock market poses a greater risk than other investments. The [...]

The Basics of Competition Law in South Africa

  Companies are constantly competing with their rivals, as this is the norm among the market place. It is important for companies to maintain a healthy competitive environment in order to provide their consumers with the best quality products at affordable prices. Competition encourages companies to become more inventive and resourceful as they attempt to [...]

Suspensive Conditions and the Doctrine of Fictional Fulfilment

A suspensive condition is one of the most important clauses in any sale agreement. The reason for this is that fulfilment of a suspensive condition is essential for an agreement to come into full force and effect. Usually, the parties will be under an obligation to use commercially reasonable endeavours to ensure that the suspensive [...]

Dealmakers Gala Awards Event 2014

We were recently honoured to attend the prestigious annual Cell C DealMakers® awards gala dinner which was held at Monte Casino. The event annually attracts the “who’s who” of the legal, banking and accounting professions as well as prominent business people and this year was no exception. We were competing in the Legal Advisers category [...]

Design, another form of Intellectual Property

In terms of the South African Designs Act, 1993 ("the Designs Act") there are two types of designs which may be registered for protection. Namely, aesthetical designs and functional designs. An aesthetic design relates purely to the appearance of the article such as the features of a pattern, shape, configuration or ornamentation of a design [...]

Reporting Corruption in the work place:When to Blow the Whistle?

Acts of fraud and corruption amongst executive management are two of the main downfalls that can bring a company to its knees. The question that arises is what transpires when an employee reports such acts. Whistle blowing is common knowledge in the business environment. However it can be argued that employees may not be fully [...]

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