Overview

Contracts form the foundation of commercial and professional relationships, providing a legal framework that defines the rights, duties and obligations of the parties involved. However, when one party fails to fulfil its contractual obligations, disputes may arise, potentially resulting in financial losses, damaged business relationships and costly legal proceedings. 

This webinar explores the legal principles governing contract enforcement and the various mechanisms available for resolving contractual disputes. It examines the consequences of breach of contract, the remedies available to aggrieved parties, and the practical procedures involved in enforcing contractual rights. Particular attention will be given to alternative dispute resolution mechanisms, including negotiation, mediation and arbitration, as well as formal litigation proceedings. 

Join Adv Dwight Snyman on the 8th of December 2026 from 13:00 to 14:30 as he explores the legal principles and practical procedures involved in enforcing contractual obligations and resolving disputes. The session will equip legal practitioners with a better understanding of contractual remedies, dispute resolution mechanisms and the considerations involved in selecting the most appropriate legal approach to resolving contractual disputes. 

Learning objectives

Attending this webinar will equip you with the following skills:

• Understand the fundamental principles of contract enforcement and the legal requirements for establishing an enforceable contractual agreement. 

• Identify different forms of contractual breach and understand the legal consequences arising from non-performance of contractual obligations. 

• Evaluate the remedies available to parties following a breach of contract, including specific performance, cancellation and damages. 

• Understand the different dispute resolution mechanisms, including negotiation, mediation, arbitration and litigation, and determine their appropriate application. 

• Apply practical legal principles and procedures when advising clients on contractual disputes, enforcing contractual rights and managing dispute resolution processes. 

Content

The webinar will cover the following topics:

• Contractual Validity and Enforceability 

•    Consensus, contractual capacity and legality 

•    Possibility of performance and contractual certainty 

•    Statutory and contractual formalities 

•    Void, voidable and unenforceable agreements 

•    Public policy and constitutional considerations 

• Contractual Interpretation 

•    Textual, contextual and purposive interpretation 

•    Express, implied and tacit terms 

•    Conditions precedent and subsequent 

•    Entire-agreement, non-variation and severability clauses 

•    Interpretation of dispute resolution clauses 

• Forms of Breach of Contract 

•    Mora debitoris: delayed performance by the debtor 

•    Mora creditoris: failure by the creditor to facilitate performance 

•    Positive malperformance 

•    Repudiation 

•    Prevention of performance 

•    Material breach and cancellation thresholds 

• Pre-Enforcement Procedures 

•    Contractual notice and demand requirements 

•    Breach notices and periods for remedy 

•    Mora ex re and mora ex persona 

•    Election of remedies and reservation of rights 

•    Waiver, estoppel and acquiescence 

•    Extinctive prescription and contractual time bars 

• Remedies for Breach of Contract 

•    Specific performance 

•    Cancellation and restitution 

•    Contractual damages: causation, remoteness and quantification 

•    Mitigation of damages 

•    Penalty clauses and agreed damages 

•    The exceptio non adimpleti contractus 

•    Interdictory and interim relief 

•  Evidence and Dispute Preparation 

•    Burden and standard of proof 

•    Documentary and electronic evidence 

•    Evidentiary preservation and document retention 

•    Legal professional privilege 

•    Without-prejudice communications 

•    Expert evidence and damages assessment 

•  Alternative Dispute Resolution 

•    Negotiation and settlement strategy 

•    Mediation procedures and settlement agreements 

•    Arbitration agreements and arbitral jurisdiction 

•    Appointment and powers of arbitrators 

•    Arbitral awards, enforcement and review 

•    Escalation clauses and multi-tier dispute resolution procedures 

•  Litigation and Judicial Enforcement 

•    Jurisdiction, forum selection and locus standi 

•    Action proceedings versus application proceedings 

•    Pleadings, discovery and trial preparation 

•    Default judgment and summary judgment 

•    Urgent applications and interim interdicts 

•    Costs orders and litigation funding considerations 

•  Judgment Enforcement and Recovery 

•    Writs and warrants of execution 

•    Attachment of movable and immovable property 

•    Attachment of debts owed by third parties 

•    Enforcement of settlement agreements and arbitral awards 

•    Debtor insolvency and business rescue implications 

•    Cross-border recognition and enforcement 

•  Contractual Risk Management and Dispute Prevention 

•     Limitation and exclusion of liability 

•     Indemnities, guarantees and security for performance 

•     Force majeure and supervening impossibility 

•     Governing-law and jurisdiction clauses 

•     Enforcement prospects, recoverability and proportionality 

•     Settlement evaluation and commercial relationship management 

About the presenter

Adv. Dwight Snyman 

Adv. Dwight Snyman is an admitted member of the Johannesburg Society of Advocates and is accredited by the Legal Practitioners Council as an Advocate of the High Court of South Africa. Adv. Snyman completed articles of clerkship, and attorney’s competency exams under the auspices of the Wits Law Clinic. He completed his Advocacy pupillage under the tutelage of the esteemed Adv. Louis Du Bruyn. 

Adv. Snyman has had opportunity and success in litigation, in the High and Magistrates’ Courts of the republic, the CCMA, Disciplinary Hearings and assorted other venues and forums, and has become possessed of practical litigation experience beyond what would normally be expected from a practitioner of his age and seniority. He is the holder of a degree in Politics, Philosophy and Economics (PPE) from the University of Cape Town, and postgraduate Bachelor of Laws (LLB) from the University of the Witwatersrand, for which he was accorded the honour of being on the Dean’s list for his academic performance. 

Who should attend?

The following persons will benefit from attending this webinar:

• Attorneys.
• Corporate Legal Professionals.
• Legal Academics.
• Candidate attorneys.
• Law Students.
• Paralegals.

Price

• R 400.00 - Online admission - Individual.
• Group Price 1 - From R337 per person (up to 5 users)
• Group Price 2 - From R260 per person (up to 10 users)
• Group Price 3 - From R224 per person (over 11 users)

Steps to register for the event:

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If you don’t have a profile, create a free profile then login and register for the webinar.

Click here to create a free profile (There is no charge to create a profile and gain access to our free Monthly Practice Management Series).

Click here to find out about the Technical Resource Centre & CPD Subscription options.

Additional material

By attending this webinar you will be provided with:

• A summarised slide presentation.
• Reference documents and/ or course material where available.
• You can ask questions during the webinar and you will also have access to the presenter after the webinar.

About SA Legal Academy

Welcome to SA Legal Academy (SALA), a provider of courses to help you succeed in your chosen career. We are committed to providing our students with the highest quality training and support, to ensure that your skills and knowledge are up to date and ready to face the challenges of the modern workplace. Our courses are designed to ensure that you reach your professional goals and enhance your career prospects. With our experienced training staff and comprehensive resources, you can be confident that you will receive the highest quality of training from SA Legal Academy.

SALA is a Level 2 B-BBEE contributor, with 125% procurement recognition. Training spend on certain solutions can be allocated against the Skills Development element of the B-BBEE Scorecard through accredited and nonaccredited training or claimed through SETA grants. In addition, 25% of your Skills Expenditure can be claimed on non-accredited training or courses.

Corporate Training Solutions

At SALA, we recognise the evolving needs of businesses in today's dynamic environment. Beyond our standard webinar offerings, we provide tailored corporate training solutions designed to empower your team with the latest in legal and professional skills. Whether you're looking for online sessions or face-to-face training, our programs are crafted to ensure a comprehensive and engaging learning experience.

Drawing inspiration from modern training methodologies, our corporate solutions are interactive, adaptable, and focused on real-world applications. We prioritize hands-on learning, ensuring your team can immediately apply their newfound knowledge in practical scenarios.

Interested in a bespoke corporate training experience? Reach out to us at [email protected] or call 012 941 0448. Together, let's design a training program that elevates your team's capabilities and aligns with your organizational goals.

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