Litigation of executed and non- executed Contracts
Presenters : Dwight Snyman
Overview:
Life and litigation are difficult. Things break down, important work goes undone, and clients don’t sign contracts that they want to enforce. What is a good Legal Representative to do? Well if one is skilful and learned, a client’s lack of contractual formalities or perfections need not be fatal. Indeed it has been many an unsigned contract that was perfected by lawyers’ tongue, rather than any stroke of the pen.
And by the same token, many a party has slipped the net of a badly executed contract through the cleverness of a legal representative.Contracts are desirable, contracts are important. Writing them down is just good practice, but there is a host of stratagems and gambits that a wily lawyer might produce to prove the existence of even the most “handshake” of deals.
Join Adv Dwight Snyman where this webinar will seek to impart some of these subtleties unto attendees.
Learning objectives:
By the end of this webinar the attendee should know:
- Understand that it is possible to overcome deficiency in formalities when litigating contractual disputes.
- To understand when it shouldn’t be attempted, or that the deficiency is fatal.
- Understanding methods of proving common contractual requirements in the absence of a signed contract.
- Defending claims that insist on contractual validity of unperfected documents – The shoe on the other foot.
- Contextual overview of the relevant provisions of contractual law and precedent.
Content:
The webinar will cover the following topics:
- Requirements of Contract
- Formalities and their importance (or lack thereof)
- Verbal Contracts and how to Prove them.
- Exclusion Clauses
- Non-variation Clauses
- Degree to which one can contract out of liability.
- Performance and receipt of performance.
- Establishing a narrative – Practical Legal Strategies
About the Presenter:
Dwight 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.
Before being called to the Bar, Dwight 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.
Dwight has had opportunity and success in litigation, in the High and Magistrates’ Courts of the republic, the CCMA, Disciplinary Hearings, Appeal Courts 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.
Dwight 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.
Price:
R550 per person
Who this is for?
- Candidate Attorneys,
- Law Students,
- Pupil Advocates,
- Paralegals,
- Young/junior legal practitioners.
Additional material
By purchasing this webinar you will be provided with:
- A summarised slide presentation.
- Reference documents and/or course material where available.