Van Zyl Retief

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 […]

Smart contracts: Where do they fit into the legal framework?

Smart contracts are agreements that self-execute without any human intervention when the conditions, as specified in digital form, are met. Blockchain, a decentralised digital ledger that records transactions in different participating computers in order to verify and legitimise transactions, increasingly serves as the technological framework for smart contracts. Ethereum is one of the leading blockchain […]

Court interference in a contractual relationship

When two or more parties enter into a contractual agreement knowingly and free from duress, the terms of the agreement must be upheld by each signatory. However, it must be noted when the contract is entered into under pacta sunt servanda, which means “agreements must be kept”, principles of fairness, good faith and reasonableness don’t […]

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