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Newsletter - February 2019

- Featured article by LAWYERS-ONLINE.CO.ZA
Lawyers Online

Have you ever considered the legal implications of owning and running a business? Of course, you have, but finding the right attorney for your business needs might seem daunting – after all, what works for your neighbour may not work for you.

In today’s newsletter, we want to talk about commercial law. Whether you are entering into new contracts and need help drafting them, have an existing contract that needs to be disputed, need to brush up on employment law, consumer laws, or you’re considering a joint venture – commercial law has all of that covered.

Even just drafting the founding documents of a new venture is labyrinth when you get down to the nitty gritty of it. That’s why commercial law is so fascinating – it is the legal area that covers the rights, conduct, duties and relations of anyone involved in an exchange of business, so basically, the laws that apply to commerce. And yet not every business is the same and not all needs can be captured under an umbrella. Sounds like a lot doesn’t it? It is, but for the right commercial attorney, each business can have their individual needs assessed and met. Let’s look more closely at two very important areas of commercial law:


There’s a lot of tricky terminology that gets bandied about when talking about contracts, such as options, pre-emption, and a lot of Latin in between. This is why having a specialised commercial lawyer on your side is essential for good business practice. The goal is not to trick someone into signing something they don’t understand but to create an agreement that is clear and legally enforceable. Because unlike the movies teach us, when two people or companies sign something it does not automatically become a binding contract. In fact, section 48 of the Consumer Protection Act 68 of 2008 has done a lot to educate people on their rights regarding commercial contracts and how and when they can be disputed.

Commercial litigation:

When two parties disagree on something, commercial litigation is a means to find a solution to these disputes without the involvement of the court. A commercial litigator is there to help two businesses come to a compromise without sacrificing the integrity of their client’s brand. It is an efficient and less costly means of resolving a conflict between business entities. Of course, there are alternatives to litigation and it is best to consult with an attorney about them.

Other services provided by commercial lawyers include:

  • Commercial property law
  • Liquor licences
  • Franchising
  • Advice on being compliant with the National Credit Act
  • Competition law

If you are in need of any of these services do not hesitate to contact us and we will put you in touch with a commercial law specialist that is suited to your needs and location.


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