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Verbal Agreements – Not Much Good, But Lots of Bad and Ugly

Verbal Agreements – Not Much Good, But Lots of Bad and Ugly

by Guthrie Colananni Attorneys | Jun 27, 2022 | Contract

“The Good, The Bad, and The Ugly” (Spaghetti Western, 1966) A common myth – one that can get you into a whole lot of trouble if you aren’t alive to it – is that verbal contracts are not legally enforceable in South Africa. The opposite is true. With very few...
Exemption Clauses in Contracts – Fine Print Can Void Them

Exemption Clauses in Contracts – Fine Print Can Void Them

by Guthrie Colananni Attorneys | Oct 26, 2021 | Contract

“… he did not think that he was binding himself ‘to all sorts of fine print that I can’t even read’.” (Extract from judgment below, describing evidence given by the customer during the trial) For suppliers of goods or services, incorporating a...
Private Schools and Parents Behaving Badly – the Expulsion Option

Private Schools and Parents Behaving Badly – the Expulsion Option

by Guthrie Colananni Attorneys | Dec 1, 2020 | Constitutional Law, Contract, Family Law, General Interest

“…it can hardly be in the best interests of all concerned for this family to remain at the School” (Extract from judgment below) With the new School Year now well under way, let’s have a look at a recent court decision of interest to all schools, parents and learners....
Friends and Lovers: Before You Lend Out Your Car…

Friends and Lovers: Before You Lend Out Your Car…

by Guthrie Colananni Attorneys | Dec 1, 2020 | Contract, Family Law, General Interest

“Neither a borrower nor a lender be” (Shakespeare) This is a case of a “love relationship” gone wrong but the principles of vehicle ownership apply to any situation in which you lend a motor vehicle to anyone else. A widely-held misconception is that if you are the...
Electronic Signatures in Property and Other Transactions

Electronic Signatures in Property and Other Transactions

by Guthrie Colananni Attorneys | Dec 1, 2020 | Contract, Property, Wills and Estate Planning

“To sign a document means to authenticate that which stands for or is intended to represent the name of the person who is to authenticate” (quoted in the case below) We all know that verbal agreements, although fully binding for most types of transaction, are a recipe...
Leases, Contracts and COVID-19: What is Force Majeure?

Leases, Contracts and COVID-19: What is Force Majeure?

by Guthrie Colananni Attorneys | Dec 1, 2020 | Contract, Litigation, Property

The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard.  And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a...
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