Contract Law

It is imperative that your contract contains a force majeure clause

Force majeure refers to a clause that is included in contracts to indemnify against liability for natural and unavoidable catastrophes that interrupt the expected course of events and restrict participants from fulfilling obligations.[1] In the case of Rumdel Cape and Others v South Africa Roads Agency Soc Ltd & Others[2], the Supreme Court of Appeal defined the force majeure as [...]

By | 1st April, 2020|Commercial Law, Constitutional Law, Contract Law|

Legal considerations around eCommerce

We live in an ever globalised and connected world where it is possible to buy someone lunch across borders using a website or a mobile app. As the sale of goods and services from website and mobile apps increase, the appetite for online shopping continues to grow. However, various legal considerations should be made when selling goods or services online. [...]

By | 11th March, 2020|Commercial Law, Consumer Law, Contract Law, PPM Attorneys|

Cloud services contracts and data protection

Technology constantly revolves and brings with it new opportunities for economic growth and development. Cloud services are one such technological development that has disrupted how businesses, organisations and private persons manage and store their data. Most people and businesses have migrated data management and IT solutions from the use of USBs, external hard drives, and hardware servers to cloud based [...]

Your Rights in terms of the Consumer Protection Act

The Consumer Protection Act, 2008 (“CPA”) entitles you, as the consumer, to protect and enforce your rights. As a way of marketing their products, some suppliers supply potential consumers with samples to ‘test’ at home.  In some instances, this piques the consumers’ interest and nudges them toward buying the particular product.  However, there are times where a sample product differs [...]

By | 10th April, 2019|Consumer Law, Contract Law, PPM Attorneys|

SHOULD YOU INCLUDE AN ARBITRATION CLAUSE IN YOUR CONTRACTS?

“Any dispute arising from or in connection with this Contract shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.” Many contracts or agreements contain this clause, which makes it necessary for a matter be resolved through arbitration rather than be litigated in a court.  Regrettably, these [...]

By | 19th March, 2019|Arbitration, Commercial Law, Contract Law, PPM Attorneys|

Do not click on that link – it might be a phishing email

Many people have been swindled out of their hard-earned money due to lack of information on fraud.  On a daily basis, fraudsters prowl the internet in search of their next victim. Do not become the next victim!  The rule of thumb is “if an offer looks too good to be true, it probably is.” Joe received an email on his [...]

By | 8th February, 2019|Consumer Law, Contract Law, Cybersecurity, Information Security, PPM Attorneys|

From crypto currency to crypto contracts

Soon, paying legal fees for a solid, watertight contract will be a thing of the past.  Traditional contracts, painstakingly reviewed by tired eyes for the seventh time, are so 2017.  Smart contracts are the future, and with the rapid development of this technology, it may happen sooner than we think. What are smart contracts? Smart contracts use certain coding and [...]

By | 12th April, 2018|Contract Law, Technology Law|