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Commercial Law

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break a contract 700x350

All fixed terms agreements only apply to natural people like you and me and not to companies. This is the first important aspect to note.

On a regular basis, we receive enquiries at The Legal Advice Office about how a consumer can go about terminating a fixed term contract.

Both the common law and the Consumer Protection Act No 68 of 2008 (CPA) can play a role in this subject; so we thought we would today look at the role of the CPA in this regard.

 car sally sell car privately

We recently assisted a purchaser who had privately bought a motor vehicle from another private individual as a seller.

The Toyota Corolla motor vehicle seemed at the time of the sale to be in good condition and the purchaser paid the seller the full purchase price of R 96000.00 by EFT and then took delivery of the vehicle. A short simple deed of sale was signed by both parties.

Everything seemed to be in order.

Perhaps somebody owes you money and will not pay it back?

Maybe someone damaged your property; your car or other property and refuses to fix it at their cost?

You could always sue them in a court, but that takes time and normally costs a lot of money


One of the issues that crop up on a regular basis with The Legal Advice Office are queries and advice sought from us when you have been lied to or, at least, not been told the truth, the whole truth and nothing but the truth.
If someone sells you an item, for example, a motor car, and they do not fully disclose to you any defects in that vehicle that they knew about or should reasonably have known about; then you have certain legal rights and recourse.

commercial lease ending

Landlords often refer to an early cancellation of a lease agreement by the tenant as “a breach of contract.” This is not the case.

At The Legal Advice Office, we receive emails every single week from tenants who want to inquire about the possibility of terminating their lease agreements.

There are many reasons for this. Some are purely financial reasons, some because their businesses are not viable, sometimes it is because they want to relocate either from one city or town to another or simply to change the venue for their business.

In other case, it is because they were misled by the landlord or the agent at the time of entering the lease eg with regard to a misrepresentation as to the amount of anticipated foot traffic for their particular centre.

If you have valid grounds a lease agreement may be terminated and cancelled in terms of the common law.

 business rescue

Business rescue is simply a legal process to assist businesses that are in financial distress

From time to time we get inquiries from business owners whose businesses are struggling financially and who seek advice regarding their options. One of those options is Business Rescue; which is a relatively new commercial concept.

This blog focuses on shedding a little more light on the very complex and technical issue of business rescue and the new Companies Act, which is Act No 71 of 2008; and we are going to focus on Chapter 6 dealing with Business Rescue.

We hope to answer the following question for entrepreneurs and business owners in general:

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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