It regularly happens that, when a party to a contract breaches his or her obligations under that contract, the parties first attempt to settle the matter on an amicable basis, before resorting to litigation. This is a commendable approach, as it tends to preserve the relationship, saves costs, and saves time and energy, which mayLearn More
Landlords are often faced with new tenants, who are signing leases for the first time, or tenants who are foreign nationals, with little apparent knowledge of English. The question is then sometimes asked as to whether there is a legal duty on the landlord to ensure that the tenant understands all the terms as setLearn More
Parties to an agreement are often advised by their lawyers, when the other party has breached its contractual obligations, that that party has repudiated the contract. What, exactly, does repudiation mean, and what remedies does the innocent party have as a result of that repudiation? The case law has held that repudiation of a contractLearn More
Last month, we wrote about the Beadica-case, where the court condoned the late exercising of an option to renew a lease agreement, based on the principle of ubuntu (a person is a person through other people), in that the court was of the view that it would be unjust to demand strict compliance with theLearn More
Does the National Credit Act apply to loan agreements entered into between an employer and employee?
In most cases regarding loan agreements a usual prerequisite would be that interest would accrue over time or that an eventual penalty regarding interest in the alternative will apply, if the loan is not timeously paid, the latter being referred to as an incidental credit agreement. The National Credit Act 35 of 2005 (hereafter theLearn More