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 […]

Rehabilitation in all its shapes and sizes

Being sequestrated by an order of the High Court has a myriad of adverse consequences that could have an inhibiting effect on an individual and his/her freedom to transact and build a new life. The Insolvency Act 24 of 1936 (“the Act”) makes provision for a sequestrated person to be rehabilitated under certain circumstances so that the insolvent person may continue with his or […]

Mediate rather than litigate

Wikipedia’s definition of mediation is “a structured, interactive process where an impartial third-party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques”. Mediation, when utilised in law, is a form of alternative dispute resolution. Parties that are involved in a dispute may choose the mediation process to resolve the issues between them, either before […]