This practice note considers ubuntu as a constitutional value informing South African contract law, but clarifies that ubuntu, fairness and good faith do not operate as free-standing grounds to refuse enforcement of contracts. Rather, they inform public policy and the development of the common law, with courts applying a structured public-policy inquiry when determining whether a contractual term or its enforcement is contrary to constitutional values.
This practice note explores the critical importance of authorized signatures in commercial contracts, focusing on verifying signatory authority, compliance with electronic signature laws, and mitigating risks associated with unauthorized signatories. It provides best practices, legal consequences, and practical safeguards to ensure contract enforceability.
This practice note explores the various types and stages of procurement and contract fraud, highlighting real-world case studies and effective preventive measures. It aims to provide a comprehensive overview of the risks and controls essential to mitigating fraud in both public and private sectors.
This practice note examines the tension between the territorial nature of copyright protection and the cross border operation of contractual obligations, explaining how copyright valid in one jurisdiction may support contractual enforcement in others. It clarifies that while contracts can regulate and enforce obligations internationally, copyright infringement, remedies, and limitations remain subject to the mandatory laws of each jurisdiction where enforcement is sought.
This practice note examines how differences in international patent systems affect the drafting and enforcement of contracts that rely on patent rights. It focuses on the need for jurisdiction specific, granular drafting to manage risks relating to scope, duration, enforceability, and regulatory intervention in cross border transactions.
This practice note explains how early warning indicators can be used to identify heightened fraud risk in commercial contracts before significant losses occur. It outlines common contractual, behavioural, and technology driven indicators and provides practical guidance for legal practitioners, contract managers, auditors, and risk professionals seeking to strengthen proactive fraud prevention.
This practice note examines the legal and compliance frameworks that govern commercial contracts, with a particular focus on regulatory requirements, anti corruption obligations, and recognised compliance standards. It highlights how organisations must align contractual terms and controls with applicable laws and sector specific regulations to mitigate fraud risk, ensure enforceability, and meet evolving governance expectations.
This practice note examines the distinction between intrinsic and extrinsic motivators in the design of incentive structures. It highlights how financial rewards and non financial drivers such as recognition, status, and long term relationships operate as complementary mechanisms for influencing behaviour and supporting effective cooperation.
This practice note explores the importance of supplier diversification as a strategic approach to mitigate risks associated with over-reliance on a single region or partner. It covers key risk management considerations, compliance requirements, and practical contract terms to enhance supply chain resilience.
This practice note explores the importance and methodology of conducting Lessons Learned sessions in commercial transactions. It highlights how these sessions capture valuable insights to improve future deals and strengthen organizational strategies.
This practice note emphasizes that compliance of all contracts is essential, with particular criticality for long-term, high-risk contracts. It outlines best practices to ensure effective governance, risk management, and continuous monitoring to safeguard organizational value.
This practice note examines the role of positive and negative incentives in influencing performance and behavior within contractual and organizational settings. It explains the advantages and limitations of each approach and argues for a balanced incentive framework that combines rewards and penalties to align interests, manage risk, and promote sustainable performance.