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Poor execution or contract management such as a belief by the parties that an electronic signature is binding, when in fact it does not meet the applicable legal provisions necessary for validity, may result in your businesses suffering an inability to remedy the consequences of a breach.
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The removal of directors should be carefully considered (especially) when a Director contracts with the Company for a specified period. A premature termination (unless he/she has committed a serious breach of the agreement) may entitle the aggrieved Director to damages. It is therefore critical that Companies construct their own internal procedures to deal with issues of this nature.
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Situations where a family member allows another to occupy a property, without following the correct contractual and legal processes can cause massive problems in the family and for future owners of the property.
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Value-based pricing is the new kid on the block for many law firms. Despite being the model which shows the highest level of client retention, few law firms are using it.
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The issue of legal privilege is discussed in the context of the fact that the public has a constitutional right to of access to information - a right which can be accessed for an array of reasons.
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A recent judgment in First National Nominees Pty Ltd and Others v Capital Appreciation Limited has, to a certain extent, provided much-needed clarity as to whether a company's acquisition of more than 5% of its issued shares is in fact a scheme, or merely subject to the procedural requirements thereof. Either way, are appraisal rights triggered when the company proposes such a buyback?
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Covid-19: Mediation between landlords and tenants – a critical tool now? Using mediation to resolve disputes could prove to be more efficient in the long term, and our economy might depend on it.
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The role of leadership in both the public and private sector has become pivotal amid the crisis of the Covid-19 pandemic and the South African government’s reaction thereto under the Disaster Management Act 57 of 2002 as amended.
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A force majeure is generally defined as “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.”