The Nuts and Bolts of the Drafting of Contracts in South Africa
Whether it’s the settling of disputes, the selling and leasing of residential or commercial properties, the agreement of a loan, or becoming an independent contractor or employee – every day, people all over the world draft and sign contracts. As the mainstay of attorney law practices, a contract is a commitement made between two or more parties to do, or to refrain from doing, something in exchange for something of value.
Entering into a legal contract with another individual or party helps to ensure that rights and interests are well protected, as well as a specific outline of the deal provided, without breaking any existing laws. But too often, many individuals draft contracts that enter agreements, without meeting the necessary binding requirements to create an actual enforceable contract. In order to avoid an escalated legal dispute, the following requirements must be met:
- Consensus – the parties’ intentions must match on all material aspects of their agreement.
- Capacity – the parties must have the legal capacity to contract.
- Formalities – the necessary formalities must be observed and respected.
- Legality – the agreement cannot be prohibited by law or common law; it must be lawful.
- Possibility – the contractual obligations must be possible.
- Security – the content of the agreement must be specific, so that the requirements can be enforced.
It is often whispered that “the devil is in the details”, and the proof of this can be found in the drafting of contracts. With many pitfalls and grey areas, legal drafting is not only a skill, but is an art best left to the experts. If you’re looking for a competent, experienced and specialised team of attorneys in South Africa to help in the drafting of contracts, then you need to turn to Velile Tinto & Associates.
We Can Help with the Drafting of Your Contracts
As the legal firm of choice for South African businesses, financial institutions, major corporations, and everyday individuals, we can assist with all your legal contract needs. By offering the convenience of avoiding any type of legal dispute, as well as maintaining trust between parties, making certain that both parties are fully aware of the contents of their agreement, and establishing intelligibility between the parties, we provide a practical and business-like approach, guaranteeing a high level of service at a competitive rate. At Velile Tinto & Associates, we can draft, execute and tailor any type of the following contracts (without limitation):
- Antenuptial contracts (ANC)
- Association agreements
- Cession agreements
- Cohabitation agreements
- Construction works contracts
- Contracts of employment
- Contracts of lease (commercial and residential)
- Contracts of sale (movable and immovable property)
- Loan agreements
- Partnership agreements
- Service contracts and retainer agreements
- Set up of a trust / trust deed
- Shareholder and share sale agreements
- Surety agreement
- Terms and conditions of service or sale
To learn more about Velile Tinto & Associates, contact our professional team today.