Advocate Louis Nel A question that often arises is whether an exchange of e-mails constitutes an agreement. The answer is yes, but it is not ideal as the contractual requirement of ‘offer and acceptance’ must be met. This means that if...
Ask Louis-the-Lawyer about verbal promises
Q. I have a dispute with my client, who has made reference to a verbal promise or something that my sales person may have said. We have a written contract (Terms & Conditions, or T&C). Can such a verbal undertaking be enforced by this...
Ask Louis-the-Lawyer about double bookings & litigation
Q. I work for a Public Benefit Organisation (PBO), and was able to book a free venue for an educational event we were hosting. However, the venue failed to secure our booking correctly and double booked us. The result was we had to cancel our event...
Ask Louis-the-Lawyer about passports, visas, health and insurance
Q. How should I deal with the issue of passports, visas, health and insurance for my tourism business clients? A: The answer is do NOT get involved in ANY way with any of these issues – make it quite clear that these matters have to be dealt...
Ask Louis-the-Lawyer about lawsuits and claiming interest
Q. If I want to sue, can I claim interest and if so at what rate and for what period? A: The Prescribed Rate of Interest Act specifies a 10% interest rate, and it will apply from the date the summons or letter of demand is served on the party in...
Ask Louis-the-Lawyer about the legal fees involved in litigation
Q. If I want to sue someone or am being sued, what are the legal fees are involved? A: There are three types of fees, namely (1) party and party – both attorneys are present; (2) attorney and client – you and your attorney...
Ask Louis-the-Lawyer about the parties’ domicilium
Q. If I want to sue or am sued, at which address must documents (i.e. correspondence and legal documents) such as a summons be served, or as the legal phrase goes, what is the parties’ domicilium? A. The full legal phrase is ‘domicilium...
Ask Louis-the-Lawyer which country’s law will apply
Q. When a legal dispute crosses borders, which law will the magistrate, judge or arbitrator apply to the dispute? A: It is important to understand that this is an additional question to the one of jurisdiction which we discussed last time....
Ask Louis-the-Lawyer about jurisdiction
Q. If I want to sue or am being sued, and the parties involved are in different cities, which court will have jurisdiction? In other words, where must I start proceedings? A: The parties can agree upon the jurisdiction. Failing this, it will be...
Ask Louis-the-Lawyer about third-party suppliers
Q. What must I do if the goods & services I provide are in fact provided by third-party suppliers? A: You must contain such details in your terms and conditions. You must also have separate agreements with all such third-parties in which you...
Ask Louis-the-Lawyer about liability
Q. Is it important to deal with liability in my terms and conditions (T&C)? A: Indeed – it is crucial, and you can and must limit your liability. If you don’t have a suitable clause in your T&C, your liability is not only...
Ask Louis-the-Lawyer about contracts and third parties
Q. When I engage third parties (suppliers) to provide services on my behalf, must I advise the consumer of their identity and terms and conditions (T&C)? A: Yes, you must. There are two aspects involved here that you should be aware of....