Find a contract law attorney in South Africa for drafting and reviewing agreements, breach of contract, cancellation, damages and specific performance.
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A contract attorney drafts and reviews agreements so that they say what the parties intend and hold up if tested, and acts when a contract is broken: letters of demand, cancellation, claims for damages or for specific performance, and defending claims brought against a client. They also advise on whether a contract is valid at all.
Reviews and drafting are commonly fixed-fee; enforcement is hourly and can escalate if the matter goes to trial. Ask for the written estimate the Legal Practice Act requires and for a view on whether the claim is likely to be paid even if you win.
General information about South African law and practice, not advice on your matter. The practitioners listed on this page give that advice.
Most contractual debts prescribe three years after they become due, under the Prescription Act. Once prescribed the claim cannot be enforced. Debts arising from a negotiable instrument prescribe after six years and judgment debts after thirty. Sending a letter does not stop the clock; a written acknowledgement of liability or service of summons does.
Only if the breach is material enough, or the contract gives a cancellation right for that breach and its procedure has been followed, often a written notice giving a period to remedy. Cancelling without the right to do so is itself a breach, so take advice before you send the letter.
Not usually. A contract exists once the parties agree on its terms with the intention to be bound, whether in writing, verbally or by conduct. Land sales, suretyships and a few other agreements must be written and signed. Electronic signatures and email acceptances are generally valid.
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