CONTRACT DRAFTING LAWYERS IN SOUTH AFRICA
Your Preferred Legal Partner In Commercial Contract Law & Drafting Business Contracts In South Africa
WHAT DOES LEGAL CONTRACT DRAFTING ENTAIL IN SOUTH AFRICAN LAW?
Contract law provides a legal framework within which persons can transact business and exchange resources, secure that the law will uphold their agreements and, if necessary, enforce them. A contract is an agreement two or more parties enter into with the intention of creating a legal obligation. The law of contract underpins private enterprises in South Africa and regulates it in the interest of fair dealing
The requirements for a legally binding contract are as follows:
Consensus: The parties must have the same intent with their agreement.
Capacity: The parties must have the mental and age-ability to conclude a contract.
Formalities: Contracts require compliance with certain formalities, e.g. it must be written, signed or signed in front of a person authorised to perform acts in legal affairs and in certain instances, registered in the deeds office.
Legality: The contract may not be contrary to the law.
Security: The agreement must have actual content to enforce the commitments.
PM ATTORNEYS’ COMMERCIAL CONTRACT DRAFTING SPECIALISTS
Legal, commercial and business contracts are vitally important in any business operating successfully. PM Attorneys’ team of contract drafting lawyers in Pretoria assist clients across South Africa in the drafting of general and specific contracts and terms and agreements for:
Shareholder Agreements;
Partnership agreements;
Memorandum of Understanding;
Memorandum of Incorporation;
Deed of Sale;
Lease Agreements;
Employment Contracts and more.
BUSINESS CONTRACT LAW ADVICE & INTERPRETATION SERVICES
Our experience in business and contract law enables our team to advise, negotiate, interpret and enforce terms and conditions that best suit your business requirements and goals. Contracts, once signed, are legally binding and could contain irregularities to what you thought you agreed to in the agreement. As part of our service, we urge clients to consult with our contract experts before entering any contracts. We assist clients in the following areas of contract law in South Africa:
Negotiation of Contracts
Contract negotiation agrees on legally binding terms, ensuring the contract is mutually beneficial for both parties. The main goal of contract negotiation is for each party to be satisfied with the rights and obligations assigned to them and ensure that the terms set out are as favourable as possible, with as little risk as possible.
Interpretation of Contracts
A court contract interpretation determines the meaning of the terms of a contract interpretation to identify the parties’ intention. Rules and regulations govern contract interpretation. Other evidence may include:
- Extrinsic evidence
Extrinsic evidence is evidence relating to a contract but not appearing in the agreement because it comes from other sources like emails and correspondence.
- Parol evidence
Parol evidence, such as a signed contract, is considered the last and most official form of a binding agreement. It prevents extrinsic evidence from being considered unless the contract’s language is ambiguous. The court does not weigh evidence extrinsic if the document is clear and unambiguous.
Enforcement of Contracts
Having an enforceable contract means that you have the backing of the law to hold someone to their promise. Should a contracting party fail or refuse to uphold their part in an enforceable contract, one can pursue legal action. You can go to court and sue for breach of contract.
PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and practical legal resolutions to your contract matters.
