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WAIVER OF A RIGHT OR OBLIGATION IMPOSED BY THE TERMS OF A CONTRACT

WAIVER OF A RIGHT OR OBLIGATION IMPOSED BY THE TERMS OF A CONTRACT

by VDMA Law | Jul 22, 2021 | VDMA Law Publications

Background: One often reads a clause along the following lines in agreements: “The suspensive condition is inserted for the sole benefit of Party 1 and may therefore only be waived by Party 1 in writing.” What does it mean when such a clause is included in a contract?...
WAIVER OF A RIGHT OR OBLIGATION IMPOSED BY THE TERMS OF A CONTRACT

SHAREHOLDING STRUCTURES: THE UTILISATION OF DIFFERENT CLASSES OF ORDINARY SHARES

by VDMA Law | Jul 8, 2021 | VDMA Law Publications

R Jooste and J Yeats in the second edition of Contemporary Company Law states that a company has “almost unlimited freedom to create the capital structure it desires and in so doing to structure the rights of each of its various classes of shares in an almost infinite...

PRIVATE COMPANIES AND SOCIAL AND ETHICS COMMITTEES

by VDMA Law | Jun 30, 2021 | VDMA Law Publications

Background: The Companies Act No. 71 of 2008 requires every state-owned company, every listed public company and any other company with a public interest score which exceeds 500 points in any 2 of the previous 5 years (“Threshold”), to appoint a social and ethics...
WAIVER OF A RIGHT OR OBLIGATION IMPOSED BY THE TERMS OF A CONTRACT

THE CYBERCRIMES ACT – WHAT IMPLICATIONS WILL IT HAVE?

by VDMA Law | Jun 22, 2021 | VDMA Law Publications

The Cybercrimes Bill was signed by President Cyril Ramaphosa on 26 May 2021. The Bill is now an act of Parliament, being the Cybercrimes Act No 19 of 2020 (“Cybercrimes Act”), and will come into effect on a date to be proclaimed in the Government Gazette.  The...

POPI: EVERYTHING YOU NEED TO KNOW ABOUT INFORMATION OFFICERS

by VDMA Law | May 31, 2021 | VDMA Law Publications

The coming into effect, on 1 July 2021, of the Protection of Personal Information Act No 4 of 2013 (the “POPI Act”) has caused widespread anxiety amongst businesses who have made little to no progress on becoming compliant with the provisions of the POPI Act. One of...
WAIVER OF A RIGHT OR OBLIGATION IMPOSED BY THE TERMS OF A CONTRACT

UPDATED: THE “INS” AND “OUTS” OF RESTRAINT OF TRADE PROVISIONS

by VDMA Law | May 13, 2021 | VDMA Law Publications

A question on the mind of many professionals the past year has been whether or not the restraint of trade provision contained in their employment contracts will be valid and enforceable during the Covid-19 pandemic. As previously published by VDMA, the validity of...
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