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General Law

Drafting of Contracts

A contract should protect you, not just look official. Every agreement is built around the actual duties, deadlines and risks involved.

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Why a generic template often falls short

Downloaded or copied contract templates are a common source of dispute, precisely because they are written for a different transaction. A properly drafted contract records what was actually agreed, allocates risk sensibly between the parties, and sets out a clear process for what happens if something goes wrong.

Contracts we regularly draft and review

  • Sale and purchase agreements for goods, businesses or shares
  • Service level agreements and independent contractor agreements
  • Loan agreements and acknowledgements of debt
  • Partnership, shareholder and joint venture agreements
  • Non-disclosure and restraint of trade agreements

What a well-drafted contract includes

Clear identification of the parties, defined obligations and deadlines, payment terms, warranties, breach and cancellation clauses, dispute-resolution mechanisms and, where relevant, limitation of liability provisions. Ambiguity in any of these areas is where most contractual disputes originate.

Reviewing a contract before you sign

If someone else has presented you with an agreement, we can review it before signature, explain what you are actually committing to, and negotiate changes on your behalf where the terms are unbalanced or unclear.

01Tailored DraftingEvery clause matched to your actual transaction, not a template
02Registration SupportDeeds Office and Master of the High Court processes handled correctly
03Plain-Language ReviewYou'll understand exactly what you're signing before you sign it
04Practical FocusDocuments built to hold up when they're actually relied upon

Yes, including sale agreements, service agreements, shareholder agreements and related commercial contracts.

Turnaround depends on complexity, but most standard agreements can be drafted within a few working days once instructions are received.

Yes. A clear, well-drafted contract protects both parties and prevents misunderstandings regardless of the relationship between them.

Generally, offer and acceptance, intention to be bound, capacity of the parties, and lawful, possible terms. Most contracts do not need to be in writing to be valid, though written contracts are far easier to enforce.

Yes, in many cases, though proving the exact terms can be difficult without a written record, which is why written contracts are strongly recommended.

A failure by one party to perform an obligation under the agreement, which may entitle the other party to cancel, claim damages, or seek specific performance.

Only if the contract allows for this, or in limited legal circumstances such as supervening impossibility; otherwise, parties remain bound despite changed circumstances.

A clause limiting a person's ability to compete or work in a similar field after leaving a business, enforceable in South Africa if reasonable in scope, duration and geography.

Yes, under the Electronic Communications and Transactions Act, most contracts can be validly signed electronically, though certain documents still require wet-ink signature.

Review the contract's breach and remedies clauses, then seek legal advice promptly, since delay can affect your available remedies.

Clear legal guidance starts with a conversation.

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