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Contracts

Judicial control of enforcement of contractual terms – can and should the courts enforce contractual agreements if the terms are contrary to public policy? (2020) http://www.derebus.org.za/judicial-control-of-enforcement-of-contractual-terms/

Can Smart Contracts Solve the AI Limitations Problem? (2019). See https://www.artificiallawyer.com/2019/03/01/can-smart-contracts-solve-the-ai-limitations-problem-clause-thinks-so/

Smart Contracts: What lawyers really need to know (2020) https://www.lawgazette.co.uk/commentary-and-opinion/smart-contracts-what-lawyers-really-need-to-know/5105882.article?utm_source=gazette_newsletter&utm_medium=email&utm_campaign=Johnson+turns+on+defence+lawyers+%7c+National+firm+redundancies+%7c+Smart+contracts_10%2f07%2f2020

The age-old question: when is a written agreement validly amended or varied? (July 2019).  See https://www.golegal.co.za/amendments-written-agreement/

Top tips for technology contracts (2019).  See https://www.michalsons.com/blog/top-tips-information-technology-contracts/22238

Whistle blower policy. 

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Protected disclosure act 26 of 2000. 

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Act No. 5 of 2017: Protected Disclosures Amendment Act, 2017. 

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The law of contract, FAQs (2019). See https://www.lawyer.co.za/index.php/law-of-contract#no30

Drafting of sale of share agreements: important considerations. (May 2020).  See: https://www.golegal.co.za/sale-share-agreements-considerations/

A term sheet (sometimes referred to as a memorandum of understanding, heads of agreement or letter of intent) is an important document which sets out the commercial terms upon which persons or entities agree to transact with one another. The term sheet is often the first recordal of a proposed transaction and is the document which forms the basis of the negotiation of the formal agreements required to implement the transaction. Read the following article for more.  Term sheets: Some important considerations. (April 2020). See: https://www.financialinstitutionslegalsnapshot.com/2020/04/term-sheets-some-important-considerations/

When buying a business, there are several things to take into account and to check.  See this useful article at https://www.spencelaw.co.za/post/buying-a-business-some-things-to-consider (2020)

This case considers the notion of “public interest” and fairness in the enforcement of contracts – read the article and see the case: Considerations when negotiating and enforcing commercial contracts (golegal.co.za) – the case of Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others [2020] ZACC 13 which can be accessed at www.saflii.org/za/cases/ZACC/2020/13.pdf.

Also see our online modules on Language and the Lawyer; The Importance of Language; and Contracts, Parts I, II and III in the Learning Centre