Contract

A Thought For Mandela Month - How Does Ubuntu Impact Your Legal Rights?

KVV Inc Attorneys

Published on: 15/07/2025

Ubuntu, a core SA value, influences legal rights. Courts balance "pacta sunt servanda" with public policy, which is informed by ubuntu. Contracts must be fair; extreme unfairness can render them unenforceable, inviting litigation.

ContractCourtLegal Disputes

What's the Normal Retirement Age? It's Complicated, as The Plumber's Tale Proves

KVV Inc Attorneys

Published on: 15/07/2025

Debunking SA's fake new retirement age: Dismissing employees based on age is unfair, unless they've reached their agreed or normal retirement age. Employers must have clear policies and fair processes, or risk significant compensation orders.

Employment and Labour LawEmployment LawContractUnfair Dismissal

Exemption Clauses in Contracts – Fine Print Can Void Them

KVV Inc Attorneys

Published on: 04/03/2025

A shipping company's liability exemption clause was deemed unenforceable because it was in fine print and not conspicuously legible, appearing on later pages of a credit application the customer considered a mere formality. The court emphasized the customer's testimony that he didn't believe he was agreeing to unreadable terms. This case highlights the importance of clearly and conspicuously presenting exemption clauses to customers, especially in plain language, to ensure they form part of the contract. Suppliers should be mindful of consumer protection laws and the principle of "caveat subscriptor" (let the signer beware), which underscores the need for consumers to read all contract terms before signing.

Contract