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Contracts are a fundamental aspect of business and personal transactions. In South African law,
agreements can be verbal or written, but the enforceability and reliability of each differ significantly.
Please read our previous project, which focused on a written contract
between 2 parties without the input of a legal expert:
It is essential to understand the differences between verbal agreements and legally binding contracts,
their enforceability, and best practices for protecting one's rights.
DEFINITIONS:
A verbal agreement is an oral contract where parties agree to terms without formal documentation.
While South African law recognises verbal agreements, they can be difficult to enforce due to the lack of tangible proof.
LEGAL CONTRACT:
A legal contract is a written document that outlines agreed-upon terms between parties.
To be legally binding, a contract must include:
OFFER AND ACCEPTANCE: One party proposes, and the other accepts under specific terms.
INTENTION TO CREATE LEGAL OBLIGATIONS: Both parties must intend to be legally bound.
CONSIDERATION: There must be an exchange of value (money, services, goods, etc.).
CAPACITY: Both parties must be legally capable of entering into a contract.
LEGALITY: The contract must not violate any laws or public policies.
CASE LAW IN SOUTH AFRICA:
South African courts have enforced verbal agreements where sufficient proof existed, such as witness testimony, recordings, or email confirmations referencing the verbal contract.
However, disputes often arise because proving the exact terms of a verbal agreement is challenging.
LIMITATIONS OF VERBAL AGREEMENTS:
LACK OF EVIDENCE:
Without written proof, it is difficult to prove what was agreed upon.
MISINTERPRETATION:
Parties may recall details differently, leading to disputes.
LEGAL RESTRICTIONS:
Specific contracts, such as property sales and employment agreements, must be in writing to be legally valid.
THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT (ECTA):
The ECTA acknowledges electronic records as legal documents, making digital contracts and communication legally binding under South African law.
BEST PRACTICES FOR AGREEMENTS:
To avoid disputes and ensure enforceability:
Always get agreements in writing whenever possible.
Keep records of emails, messages, and other correspondence referencing the agreement.
Use witnesses or third-party verification for verbal agreements.
Consult legal professionals for complex agreements.
DISCLAIMER:
This information is for general guidance only and does not constitute legal advice.
It is essential to consult with a qualified attorney for specific legal advice regarding your particular situation.
To navigate contractual disputes or seek legal advice regarding verbal agreements, Specialised Security Services (SSS) has a dedicated team of legal experts. Should you require assistance, please contact Mr. Mike Bolhuis for guidance and support in resolving legal matters effectively.
Specialised Security Services invites the public to the Mike Bolhuis Daily Projects WhatsApp Channel.
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CONTACT MR MIKE BOLHUIS FOR SAFETY AND SECURITY MEASURES, PROTECTION, OR AN INVESTIGATION IF NEEDED.
ALL INFORMATION RECEIVED WILL BE TREATED IN THE STRICTEST CONFIDENTIALITY AND EVERY IDENTITY WILL BE PROTECTED.
Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
PSIRA Reg. 1590364/421949
Mobile: +27 82 447 6116
E-mail: mike@mikebolhuis.co.za
Fax: 086 585 4924
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EXTREMELY IMPORTANT: All potential clients need to be aware that owing to the nature of our work as specialist investigators there are people who have been caught on the wrong side of the law - who are trying to discredit me - Mike Bolhuis and my organisation Specialised Security Services - to get themselves off the hook. This retaliation happens on social media and creates doubt about our integrity and ability. Doubt created on social media platforms is both unwarranted and untrue. We strongly recommend that you make up your minds concerning me and our organisation only after considering all the factual information - to the exclusion of hearsay and assumptions. Furthermore, you are welcome to address your concerns directly with me should you still be unsatisfied with your conclusions. While the internet provides a lot of valuable information, it is also a platform that distributes a lot of false information. The distribution of false information, fake news, slander and hate speech constitutes a crime that can be prosecuted by law. Your own research discretion and discernment are imperative when choosing what and what not to believe.
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