Do not overcook restraint of trade provisions

A restraint of trade is an agreement that seeks to restrict a party to carry on a trade, business or profession in such a manner or with such persons that he/she sees fit.  Many people believe restraints of trade to be controversial as there are competing rights – freedom or sanctity of contract on the […]

Electronic signing of documentation

The commercial world is currently moving to greater levels of digitisation. Organisations are implementing automated and electronic solutions in an effort to improve efficiency and better the environmental footprint at the same time. The move to digitisation and electronic signatures prompted questions surrounding the legality of these documents. This article aims to highlight certain legal […]

Memorandum of Understanding: Binding and enforceable or not?

There is a common misconception that MOUs are always non-binding. MOUs can in fact be binding, non-binding or partly binding and partly non-binding, it all depends on the intention of the parties and the exact wording of the MOU. But uncertainty is rarely a good thing in the context of legal documentation and a poorly […]