DIY law in South Africa: Guidelines for drawing up your own contract

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DIY law in South Africa: Guidelines for drawing up your own contract
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*This feature was compiled by Helene Viljoen, attorney and director of law firm Helene Viljoen Incorporated.

When it comes to drafting contracts that could have a far-reaching effect on those involved, experts advise roping in a professional. That said, there are many South Africans who prefer to draw up and manage their contracts themselves. That said, it is best to stick to written contracts as a rule of thumb. Practically speaking, it is easier to prove the existence and content of a written agreement than it is of a verbal one.Firstly, ensure that the parties entering into the agreement have the capacity and ability to do so. Those who have been declared insane or mentally unfit to manage their own affairs will, for example, not have contracting capacity.

Thirdly, the specific type of contract entered into will come with its own set of requirements. For example, in a contract to supply services, the work to be done, time schedule and applicable payment provisions should be dealt with.Regardless of the type of contract you are dealing with, certain basics will always be important. For example, the parties must be clearly identified and described. Agreements must be dated.

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