Claassen Attorneys Inc

{Claassen Attorneys Inc},{Unit 9, Canal Edge 4, Fountain Road, Tyger Waterfront},{Bellville},{7530},{Western Cape},{South Africa},{ 27 21 914 9466}
Unit 9, Canal Edge 4, Fountain Road, Tyger Waterfront 7530 Bellville, Western Cape
Phone: 27 21 914 9466

021-914-9466

 

 

 

 

commercial litigation

Our litigation practice assists clients with every aspect of their dispute resolution needs and deliver high quality, cost-effective litigation and alternative dispute resolution services.

Our proactive approach includes assessing our clients’ needs and concerns and analyzing disputes to identify creative solutions to avoid litigation where possible. If litigation is unavoidable, we attempt to resolve disputes in a cost-effective way and to obtain the best possible outcome for our clients through extensive case preparation, effective use of our comprehensive legal resources and application of our attorneys’ litigation experience and skills.
Our commercial litigation services include: -
Breach of contract disputes.
Damages claims.
Disputes between shareholders (companies), members (close corporations), partners (partnership) and trustees or beneficiaries (trusts).
Restraint of trade disputes.
Alternative dispute resolution and litigation in all courts, tribunals and other forums.
FREQUENTLY ASKED QUESTIONS
I have a two-year contract with a supplier. I am not satisfied with the supplier’ service. Can I cancel the contract before the expiry of the two year period?
The normal remedy in the case of a breach of contract is to claim specific performance of the other party’s obligations in terms of the contract. The breach of contract must be material before a party can cancel a contract because of such breach, unless the contract contains a clause allowing a party to cancel the contract in the event of any breach of it by the other party. Such clauses are usually limited to written contracts and they normally also set out a procedure which must be followed to cancel the contract.

If the Consumer Protection Act applies to the contract (which will depend on the circumstances), you may cancel the contract at any time by giving the supplier 20 business days’ notice in writing, but the supplier may charge a reasonable penalty for the early termination.
My former employee has signed a restraint of trade agreement, is it enforceable?
Restraint of trade agreements affect two opposing constitutional values, namely freedom to trade and freedom of contract. To balance these values, the courts have decided that for a restraint of trade agreement to be enforceable, it must be reasonable. The courts have further outlined four key factors to be considered when determining if a restraint of trade agreement is in fact reasonable, namely: -

1. Is there an interest of the one party deserving of protection at the termination of the agreement?

2. Is this interest being threatened by the other party?

3. If this is the case, does such interest, assessed both quantitively and qualitatively against the interests of the other party, result in a consequence that the latter should not be economically active and thus unproductive?

4. Is there any other facet of public policy not relating to the relationship between the parties to be considered?

The question if a restraint of trade is enforceable will depend on the facts and circumstances of each matter. The courts are however clear that a restraint of trade agreement or clause will not be enforceable if it only aims to eliminate competition.