UPDATED: THE “INS” AND “OUTS” OF RESTRAINT OF TRADE PROVISIONS
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...
ANTICIPATORY BREACHES OF CONTRACT – THE NATURE AND EFFECT OF REPUDIATION AND PREVENTION OF PERFORMANCE AND REMEDIES THERETO
Background: It is commonly known that breaches of contract can occur on or after the date on which performance is due in the form of mora debitoris (a debtor’s failure to perform timeously), mora creditoris (a creditor’s failure perform timeously) or positive...
CLAUSES FOR THE BENEFIT OF THIRD PARTIES – STIPULATIO ALTERI
Background: Agreements often include clauses which provide benefits in favour of third parties and in some cases impose obligations on parties who are not signatories to the agreements in question. These clauses are commonly referred to as stipulatio alteri. This...
SHEDDING LIGHT ON THE WHATSAPP CONTROVERSY
Most people have heard about the WhatsApp controversy regarding its new privacy policy. According to social media posts that circulated at the beginning of 2021, a new revised WhatsApp privacy policy was going to enable WhatsApp to access all of your private data...