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BFFs no More: The Verbal Agreement That Cost R1 Million

BFFs no More: The Verbal Agreement That Cost R1 Million

by Guthrie Colananni Attorneys | Apr 23, 2025 | Contract

“My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and signed...
Gift or Loan? A Cautionary Tale for the Season of Giving

Gift or Loan? A Cautionary Tale for the Season of Giving

by Guthrie Colananni Attorneys | Nov 26, 2024 | Contract

“The bluntest pencil is better than the sharpest mind” (Unknown) The Festive Season is traditionally a time for giving, and it seems a pity to have to mention the hard realities of the law right now. But, as a recent High Court dispute confirms, things can go horribly...
Contracting with Trusts – Is a Majority Resolution Valid?

Contracting with Trusts – Is a Majority Resolution Valid?

by Guthrie Colananni Attorneys | May 27, 2024 | Contract, Property, Trusts

“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides...
Can Your 👍Thumbs-Up Emoji or E-Signature Seal a Deal?

Can Your 👍Thumbs-Up Emoji or E-Signature Seal a Deal?

by Guthrie Colananni Attorneys | Jul 26, 2023 | Contract

“…data messages or electronic signatures are now recognised in our law as equivalent to a proper basis upon which a written contract can be concluded. Thus, a valid written contract can be concluded electronically.” (Extract from the South African judgment below) ECTA...
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...
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Recent Posts

  • When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse
  • BFFs no More: The Verbal Agreement That Cost R1 Million
  • Fixed Term Contracts: A Guide for Employers and Employees
  • Can a Body Corporate Cut the Power? It’s Complicated
  • Budget 2.0: A Mixed Bag, With Good News for Property

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