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Drafting tips

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Principles of contract for the benefit of a third party (stipulatio alteri)

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on April 16, 2019

A recent academic article by Dr Rika van Zyl argues persuasively that, where there is a contract for the benefit of a third party, the third party accepts the benefit of the contract between the other two parties and not to become a party to the contract.

In drafting such contracts you must make sure…

Posted in Drafting tips

Bond securing invalid agreement may cover the enrichment claim

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on June 21, 2015

The Land and Agricultural Development Bank of South Africa lent the sum of R18.5 million to Panamo Properties 103 (Pty) Limited to enable it to purchase agricultural land that was going to be developed into a township. That agreement was invalid. The mortgage bond registered over the property to secure the loan was nonetheless…

Posted in Banking, Drafting tips

How to ensure an arbitration clause survives the agreement

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on November 5, 2014

An arbitration clause should include an express provision that the clause survives the agreement.

There was an important shift in Cool Ideas 1186 CC v Hubbard. An unregistered homebuilder was trying to recover the costs of building a home even though the Housing Protection Act prohibits payment and makes it a criminal offence to…

Posted in Drafting tips

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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