Fraud: Remedies available to defrauded parties
Parties are sometimes induced to enter into agreements because of representations made by the other party. Such agreements can then later turn out to be to the party’s detriment if the representation was fraudulent. This article will briefly discuss the essential elements that an innocent party must prove in order to either claim damages or […]
Business-to-business agreements: The questions you need to ask
Your business success relies on your interaction with clients/customers and other businesses. Your profit is directly proportional to the behaviour of these external role-players. Dealing with individual clients/customers does come with some risk – especially if you offer a line of credit. However, your agreements with other businesses, in which greater risk and sums are applicable, you cannot afford to take a wrong […]
The requirements and benefits of a sole mandate
What is a sole mandate? When homeowners decide to sell their property and have chosen an estate agent/agency to market their property, they will be asked to sign a sole mandate with the said estate agent/agency. A sole mandate is given to only one agency and no other. This is different from an open mandate, […]
Court interference in a contractual relationship
When two or more parties enter into a contractual agreement knowingly and free from duress, the terms of the agreement must be upheld by each signatory. However, it must be noted when the contract is entered into under pacta sunt servanda, which means “agreements must be kept”, principles of fairness, good faith and reasonableness don’t […]
Are restraint of trade agreements always valid and enforceable?
Historically restraint of trade agreements were void and unenforceable unless the employer could prove that it was a reasonable agreement entered into between the parties. Fortunately for employers the position in our law has changed. What are restraint of trade agreements? An agreement that seeks to restrict a party’s right to carry on a trade, […]