Barry Botha Breytenbach

Think before you sign: 5 things to consider before signing a contract

The simple definition of a contract is where an offer by one party is accepted by the other party. These parties are the contracting parties. There will be no agreement between the parties if there is a counteroffer to an offer. However, if a counteroffer is accepted, there is an agreement or consensus between the […]

Understanding force majeure in relation to contractual obligations

Common Law position – in absence of a “force majeure” clause A force majeure is an act of God or man (such as a war, strike, riot, crime, plague, or an event described such as a hurricane, flood, earthquake, volcanic eruption, etc.),  that is unforeseeable, out of the reasonable control of the parties to a […]