Watch what you say on WhatsApp – The case of the R20m lottery win and the R1m “offer”
WhatsApp comes with a host of business and personal benefits, and its use is growing exponentially here as in the rest of the world. Which brings us to a possible downside – binding yourself to a legally-enforceable agreement without really meaning to. First principles: Offer + Acceptance = Contract What makes for a binding contract? […]
Your written contract should cover everything – No oral evidence allowed!
Here’s another warning from our courts to make sure that all your contracts are properly drawn to reflect both accurately and fully what you have agreed to. The problem with leaving anything out – or agreeing to something that isn’t then fully recorded in your contract – is a principle in our law known as […]
Do you read online terms and conditions? You should and here’s why
“The Internet is a Real Place with Real Consequences” (Rebecca MacKinnon, Internet policy expert) We live in an age of online commerce. We buy and sell pretty much anything you can think of on the Internet, whilst contracting online for everything from an Uber ride to a plumber’s call out has become second nature. So […]
SELLING A BUSINESS WITH GOODWILL: BEWARE THIS IMPLIED PROHIBITION
When you sell a business including its “goodwill”, you will likely be prevented from opening up in competition with your old business by a “restraint of trade clause” in the sale agreement. Your 5 year restraint period lapses – what next? Restraint clauses have to be reasonable in duration, so somewhere along the line your […]
“WHEN THE EMAIL IS DEADLIER THAN THE MAIL”: WATCH WHAT YOU E-AGREE TO!
“The email of the species is deadlier than the mail.” (Stephen Fry) Last month we discussed the need for a “non-variation” clause in every agreement you sign, and the dangers of not having one. This month we turn to the related danger of inadvertently concluding, amending and/or cancelling agreements by email or other electronic (“data”) […]