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MTHEMBU & CO ATTORNEYS
Practice Area
Drafting, reviewing, and enforcing commercial and private agreements.
Contract law governs agreements between parties that create mutual obligations enforceable by law. Whether you are entering into a business transaction, a service agreement, a non-disclosure agreement, a lease, or an employment contract, the terms of that agreement define your rights and obligations and your legal exposure if things go wrong.
P A Mthembu Attorneys assists clients with the full lifecycle of contractual matters: from drafting and reviewing agreements before they are signed, to advising on performance and compliance, to pursuing or defending claims when a breach occurs.
A well-drafted contract prevents disputes. The firm takes a pragmatic approach to contract drafting, ensuring that agreements are clear, enforceable, and tailored to the client's commercial objectives. Every clause is considered for its practical implications, not just its legal soundness.
When disputes arise, the firm is equipped to advise on remedies including specific performance, cancellation, and damages. The firm handles contractual litigation in both the Magistrates' Court and the High Court, as well as alternative dispute resolution where appropriate.
Does a contract have to be in writing to be enforceable?
Not always. South African law recognises oral agreements as binding, with certain exceptions. Some contracts are required by law to be in writing, such as agreements for the sale of immovable property, suretyship agreements, and credit agreements under the National Credit Act.
What constitutes a breach of contract?
A breach occurs when one party fails to perform their obligations under the contract without lawful excuse. This can include non-payment, failure to deliver goods or services, late performance, or defective performance.
What remedies are available for breach of contract?
Depending on the nature of the breach, the innocent party may be entitled to claim specific performance (compelling the breaching party to fulfil their obligations), cancellation of the contract, and/or damages for losses suffered as a result of the breach.
Can I get out of a contract I signed?
Contracts are generally binding once signed. However, there are circumstances in which a contract may be voidable such as where consent was obtained through misrepresentation, duress, or undue influence. The firm can assess whether grounds exist to set aside the agreement.
Whether you need representation or want to understand your options, get in touch.
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