Attorneys at Law

South Africa

What services can I expect

Contracts record a consensus between parties. They are important documents. An attorney will read a contract for you (called "vetting") and he will explain its consequences. If you have signed it, it cannot be cannot be changed with the consent of the other party. See your attorney BEFORE you sign it. At least then, you can discuss whether it is what you intend to commit to. Contrary to some diner-party views, your attorney will not wade in and destroy your deal just to see you loose your money.

The Nature of Contracts

Contrary to some popular beliefs, the law tries to conform with the needs and expectations of society. Why would it do otherwise? The very purpose of the law is to meet the needs of regulating a society. Business law, at least, should be logical because that is the way people think and law follows the way people think.

When things go wrong, you will invariably find that the law has not been followed. Criminal laws are obviously a different issue. They often serve a ruling governent more than the people who notionally put them in power, but that is not for this website.

A contract for legal purposes is an agreement between at least two consenting adults. Obviously this means that both parties must have the same thing in mind when they agree.

Agreements, in other words contracts, can come about because they are verbalised; that is they are stated in words and recorded in writing or simply spoken. They can also be assumed from behaviour. A lawyers' task especially in this field of law is fundamentally to attempt to establish what was said and what was heard, done or understood. Inaccuracies in communications are sometimes blamed on the lawyers, but it must be obvious that lawyers cannot change what their clients have said or done.

You cannot pretend to a person that you are committed and then argue that you are not committed because your commitment was not in some form or other. For example: "I know I said that, but I did not mean it!" You are bound by your agreements.

Once you express something in writing you are bound by what you have written. You cannot argue that you did not mean what you wrote. If you don't mean it, don't write it. Contracts create an obligation, at least to one other person, to do something, or not to do something.

Some contracts have to be in writing or they are not enforceable in law. That means that the Courts will not implement them. One type of contract in this category is a sale of land. Rights in property are so very important and affect so many people that they must be regulated in a more formal way. See the Property page.

Against the above background take a look at this clause we took off a 'legal agreement" on a website.

"You understand that X reserves the right to modify this agreement at any time, without notice."

They probably believe they can do that, but in the context of the above, does it make sense. If you are serious about your legal agreement you will take advice first.

Of you do not use the rules, you cannot expect to rely on them.