Lisa Ellefsen

No general ‘prejudice principle’ protecting sureties

By Olivia Radford and Lisa Ellefsen on September 13, 2020 Posted in General

The court in Firstrand Bank Limited v Barreiro reconfirmed that there is no general ‘prejudice principle’ which holds that a debtor or surety is released from their obligations to a creditor if the creditor does anything that prejudices them. The court reiterated that a surety can be released, either wholly or in part, from their obligations … Continue reading

Cross-border considerations for electronic signatures

By Lisa Ellefsen and Steve Chemaly on September 1, 2020 Posted in General

The use of electronic signatures in cross-border transactions can be fraught with difficulties given the lack of uniformity relating to electronic signatures across countries. This position is further exacerbated by the lack of widespread adoption of the Convention on the Use of Electronic Communications in International Contracts 2005, which sought to standardise electronic communications. The … Continue reading

Sign of the times: Electronic signatures in South Africa

By Lisa Ellefsen, Steve Chemaly and Rosalind Lake (ZA) on May 11, 2020 Posted in Drafting tips

Are electronic signatures valid? It depends: the parties must explicitly agree to the use of electronic signatures and must agree a signing method which complies with the requirements in the Electronic Communications and Transactions Act 2002 (ECTA). What constitutes an electronic signature and whether such signatures are valid in South Africa has become a question … Continue reading