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About Us

Boshoff Smith Attorneys is a multi-city law firm with offices in Pretoria and Johannesburg. We specialise in family law, deceased estates, commercial law and contracts.

Contact Us

  • info@boshoffsmith.co.za
  • +27 (0)12 003 3300
  • Office 35, Regus Business Centre, Southdowns Ridge Office Park, John Vorster
    Drive, Irene, 0062m

LEGAL PRACTICE AREA

Contract Law

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Contract Law Services

Our aim is to protect your interests by ensuring that your contracts and agreements are legally sound. Whether you are engaging in a business opportunity, finalizing a lease, or negotiating terms with clients, our experienced legal team provides clear, effective guidance to make sure every detail is covered.

The law of contracts in South Africa governs agreements between parties and is based on Roman-Dutch law. In South Africa, contracts are largely governed by Common Law, the principle of consensus ad idem (meeting of the minds) and certain legislation such as the Consumer Protection Act 68 of 2008 and the Rental Housing Act 50 of 1999.

A contract can be considered unenforceable, even if both parties have signed the contract. A contract can be deemed unenforceable for a variety of reasons, such as when a person did not have the legal capacity to enter into a contract, when the contract was concluded for an illegal purpose (such as to commit a crime) or when a party to the contract misrepresented a material fact.

We focus on precision, communication, and strategic solutions, we help you navigate the complexities of contract law and safeguard your business and personal relationships.

We specialise in:

  • Drafting Contracts
  • Reviewing Contracts
  • Contract Disputes

Frequently asked questions

What constitutes a valid contract?

An agreement between two or more parties that is legally binding, meets the essential elements of a contract and is enforceable by law.

What essential elements must be met for a contract to be enforceable?

For a contract to be enforceable, there must be an offer and an acceptance of the offer. All the parties must have the capacity to contract and the contract must be legal in terms of general rules, regulations and principles of South African law. It must be possible for the parties to perform their duties and obligations in terms of the contract and the contact must comply with the formalities applicable to such a specific contract.

What constitutes a breach of contract?

A party to a contract who fails to perform his/her duties or obligations under the contract, or who prevents another party from performing his/her duties or obligations under the contract, or who repudiates the contract, will be in breach of the contract.

What can I do when someone is in breach of a contract concluded with me?

Depending on the terms and conditions of the contract, you can claim specific performance from the defaulting party of his/her obligations under the contract. Alternatively, you can claim damages suffered from the defaulting party due to his/her breach of the contract. Alternatively, you can cancel the contract and claim damages.

Must a contract be in writing to be legally binding?

No, only certain contracts must be in writing to be legally binding. These contracts include agreements to sell immovable property, suretyship agreements, credit agreements, antenuptial contracts, leases where the leas period exceeds ten years and contracts for donations that will be made later. It is, however, advisable to always reduce a contract to writing.

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