Understanding a breach clause in a contract

Understanding a breach clause in a contract

Most agreements have a breach clause. This clause is meant to protect a party against the other party’s failure to perform. How does it work and when can it be used? What does it mean to place a party in breach? Some contracts do not have a breach clause and failure to perform is addressed […]

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Intellectual Property

Intellectual Property

Intellectual property (“IP”) refers to creations of the mind which are recognised by the law. They are exclusive rights given to authors, inventors and businesses for their literary and artistic works of authorship, useful and ornamental inventions and valuable information. There are different kinds of IP in law such as, trade secrets, patents, copyright and […]

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Setting up a company: the basics

Setting up a company: the basics

When making the decision to set up a company it is important to know the advantages and disadvantages of the different types of companies to ensure you choose the best solution for your business. In South Africa there are various possibilities available to entrepreneurs; in this article we will be focussing on the most popular […]

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Directors vs. Shareholders

Directors vs. Shareholders

Small businesses tend to have shareholders also fulfilling the role of directors. Sometimes this is not the case. What does it mean for a company when the director isn’t also the owner of the company? What can the director do without approval from the shareholders? What are the obligations of a director? We answer all […]

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What is a Social & Ethics Committee?

What is a Social & Ethics Committee?

The social and ethics committee ensures that the business takes responsibility in a social and ethical manner. It can therefore be referred to as the social conscience of the business and it is responsible to ensure that the company behaves responsibly in a social, commercial and environmental way. Who needs a Social & Ethics Committee?

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The importance of definitions in a contract

The importance of definitions in a contract

When entering into any agreement it is critical that all parties to the agreement are on the same page. However, it is possible for different parties to read the same agreement but to have various interpretations of its meaning. How do we avoid this? Definitions! Definitions are typically the part of the agreement that people […]

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Why you need a confidentiality clause

Why you need a confidentiality clause

A confidentiality clause is generally included in most commercial agreements or as a standalone agreement in the form of a nondisclosure agreement (“NDA”). The main purpose of the inclusion of the confidentiality clause is to ensure that any confidential information which is shared between parties is kept confidential. What to look out for in a […]

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Force majeure and its impact on contracts

Force majeure and its impact on contracts

A force majeure. is an act of God or man that is unforeseen and unforeseeable and out of the reasonable control of one or both of the parties to a contract, and which makes it objectively impossible for one or both of the parties to perform their obligations under the contract. As impossible as it […]

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