The Dangers of a Weak Contract
The Foundation of Every Business Deal
A poorly drafted or unvetted contract is a ticking time bomb. It can lead to costly misunderstandings, unenforceable rights, and devastating liability. Relying on a generic template or a verbal agreement exposes your business to risks that can easily be mitigated through professional legal drafting. A solid contract is an investment in certainty.
A well-drafted contract prevents misunderstandings, protects your assets, and clearly defines obligations. Whether you’re entering a partnership, hiring a supplier, or licensing intellectual property, we ensure your agreements are clear, enforceable, and compliant.
Our team has extensive experience in drafting and reviewing legal contracts in South Africa for every business scenario:
- Contract Drafting: We create bespoke agreements tailored to your specific transaction, ensuring your commercial goals are met and your risks are managed.
- Contract Review: Before you sign any third-party agreement, our legal experts conduct a thorough business contract review to identify unfavourable clauses and hidden risks.
- Contract Negotiation: We act as your legal representative during negotiations to ensure fair and favourable terms.
- Breach of Contract: If a party fails to uphold their obligations, we provide expert advice and assertive representation in any ensuing dispute or litigation.
- Meticulous Attention to Detail: We scrutinize every clause to protect your interests.
- Decades of Commercial Experience: We have drafted and litigated contracts across numerous industries for over 30 years.
- Pragmatic & Business-Focused: Our advice is practical and aimed at achieving your commercial objectives.
- Litigation-Ready Drafting: Our extensive experience in commercial litigation means we draft every contract with a clear understanding of how it will be tested and interpreted under legal pressure.
- Expert Drafting & Review: Precision that prevents future disputes.
- Accredited Mediation Expertise: Qualified under the Gauteng directive for contract dispute resolution.
- Industry Insight: Commercial knowledge across multiple sectors.
- Transparent Process: Clear communication from consultation to execution.
- Consultation: Understand business goals and risk exposure.
- Drafting: Create contracts aligned with legal requirements and client objectives.
- Review & Negotiate: Analyse terms, negotiate clauses, and ensure balance.
- Execution: Finalise and sign agreements with proper witnessing.
- Ongoing Review: Update contracts as laws or business needs evolve.
Read About Mediation Clauses →
- Scope & Deliverables – Clear definition of responsibilities.
- Payment Terms – Triggers, due dates, penalties.
- Liability & Indemnity – Protects you from unforeseen risk.
- Termination & Breach – Conditions and notice periods.
- Confidentiality & IP Rights – Safeguards trade secrets and creative work.
- Dispute Resolution Clause – Ensures compliance with the Gauteng High Court’s mediation directive.
Mandatory Mediation Explained →
- Vague Terms & Conditions: Ambiguous terms regarding price, timelines, or responsibilities are the number one cause of contract disputes.
- Failing to Include a Breach Clause: The contract must clearly state what happens if a party fails to perform their duties, including remedies and potential damages.
- Not Defining the Jurisdiction: The contract should specify that it is governed by the laws of South Africa and which courts have jurisdiction in case of a dispute.
- Accepting a “Standard” Contract Without Legal Review: Missing statutory compliance can void agreements. Never assume a contract is standard. Always have it reviewed by a lawyer to understand the liabilities you are accepting.
- Relying on Generic Templates – Generic contracts often lack enforceable clauses.
- Skipping Mediation Clauses – Non-compliance with the High Court directive can delay resolution.
- Failing to Update Contracts – Outdated clauses may breach modern regulations.
Learn About Commercial Dispute Resolution →
- Breach of contract claims
- Performance and payment disputes
- Partnership disagreements
- IP and confidentiality violations
- Explore Mediation & Arbitration →
Questions Answered • Risks Reduced
Commercial Contract FAQs
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