contract drafting

A contract is like a parachute – If you don’t release the specific clauses at the right time, it won’t work.”

Unknown

Contract drafting

South African law of contracts, like many common law jurisdictions, is based on the principle of pacta sunt servanda, meaning “agreements must be kept.” This principle underpins the enforceability of contracts.

Given the complexities of contractual law and contract drafting, it is strongly advisable to consult with a legal professional to ensure that your contractual rights and obligations are protected. Our team at Smith Incorporated can help with contract drafting with various types contracts, review existing contracts, and provide legal advice and assistance on various contract-related issues for individuals as well as companies.

Every person is confronted with some type of contract each and every day and it forms the basis of our day to day lives and how we interact with one another. There are various types of contracts we are faced with each and every day. Whether it is a social, informal or formal contract such as buying an item at your local store down the street or a lease agreement. It is of crucial importance to know and understand the rights and obligations of a contract as the failure thereof can have severe legal and financial implications, and it may not be always so easy to step out of a contract once a contract has been entered into and signed by another party.

Different types of contracts – Contract drafting

Lease agreements
Drafting residential and commercial lease agreements.
Shareholder agreements
Drafting shareholder agreements for various types of companies.
Employment contracts
Drafting employment contracts in line with current legislation.
Sale agreements
Drafting agreements of sale for movable and immovable property.
Partnership agreements
Drafting partnership agreements for new and existing companies.
Deed of suretyship
Drafting deeds of suretyship for security purposes.
Credit agreements
Drafting credit agreements in terms of the National Credit Act.
Service level agreements
Drafting service level agreements between a service provider and customer.
Mandates
Drafting specific mandates to suit your needs when a third party needs to be appointed to act on your behalf.

Contractual drafting

Contact us for contract drafting services

If you need assistance with any type of contractual law related issue or advice, it is necessary to consult with an attorney that have experience in contractual law. Whether you simply need advice on a contract related issue or require any sort of contract, we will ensure that the required contract is drafted with the necessary formalities and provisions to fully protect your rights. Contact Smith Incorporated today for a consultation.

Elements of a contract

Consensus
There must be a meeting of the minds between the parties for a common intention regarding the terms of the contract.
Performance
The terms of the contract between the must be capable of performance by all of the parties.
Capacity
The parties must have legal capacity to enter into a contract. This generally excludes minors and mentally incapacitated individuals.
Certainty
The terms of the contract between the parties must be clear, concise and certain.
Lawfulness
The purpose of the contract between the parties must be lawful in nature.

Scroll to Top