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How to sign when you cannot write

A person's signature is merely a mark by which they identify themselves and a representation of the signatory and the fact that they agree to being bound to the document upon which their signature appears. In the ordinary course, an individual is required to affix a signature to a document which he seeks to be bound by. Signatures are a mechanism that provides evidence of the identity of the signatory, that the signatory intended the signature to be his signature and that the writing or text to which the signature is associated is accepted by the signatory.

May a lessee cancel a lease when a lessor breaches?

Lessees often find themselves bound by lease agreements that are more favourable towards a lessor and which make it difficult for the lessee to terminate before the expiry of the lease agreement. Fortunately, the Consumer Protection Act 68 of 2008 (“CPA”) and the Rental Housing Act 50 of 1999 (“RHA”) provide possible remedies for lessees to cancel a lease agreement prematurely under certain circumstances.

Section 14 of the CPA allows for the lawful cancellation of a lease agreement at any time before the lease expiry date by giving 20 business days’ notice. In such...

Agreements in Restraint of Trade

Restraint of trade clauses are primarily found in employment contracts. The clause restricts the ability of an employee to accept future employment, for a prescribed period and in a specific geographical area, to protect an employers’ proprietary interest such as company trade secrets, customer connections and confidential information.

In Magna Alloys and Research (SA) (Pty) Ltd v Ellis, the Appellate Division rejected the traditional English law approach to contracts in restraint of trade, inter alia, that such contracts are prima facie void or unenforceable. The court adopted the general principle that, on the face...