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Contracts

Plan Ahead, Protect What Matters

As the year draws to a close, most people shift focus to wrapping up work, planning holidays, and spending time with family. But before switching off completely, it’s worth taking a moment to check in on one area that quietly impacts every part of life – your legal affairs. At Mc Naught & Co, we […]

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Ethics in Law: When Prenups Aren’t Enough — And Why They Still Matter

Recently, the South African parliamentary process introduced the Family Matters Amendment Bill, proposing that courts may now override antenuptial contracts (ANCs) in certain circumstances – even when married “out of community of property without accrual.” This comes from a 2023 Constitutional Court ruling affirming that non-financial contributions – like raising children or managing a home […]

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Does one size fit all?

Nice shirt, but does one size fit all? Those who've ordered a shirt from Temu or Shein will know the struggle is real! It's the same with your business.   You can Google answers or try AI or business contract templates but one size does not fit all or suit your business particular needs, and […]

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Leading the Commercial Law Conversation

From Corporate, to Contracts, to Compliance — We’re With You Every Step of the Way In today’s fast-evolving business landscape, legal clarity isn’t just a safety net — it’s a growth strategy. At Mc Naught & Co, we believe that doing law differently starts with doing it right, from the foundation of your company’s structure […]

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Why do you need a commercial lawyer?

So what is commercial law and why do you need an attorney if you're in business? The Indispensable Role of Attorneys in Commercial Law by Mc Naught and Co Director Mark Leathers: "The dynamic landscape of commercial law serves as the backbone for all business transactions, but its complexities can be akin to a labyrinthine […]

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Before you sign...

What you need to know before signing a contract : 1. Have you read the contract and understood all the clauses? If not, do not be in a rush and take the time to question anything you don't understand and think through the consequences of a failure to comply with each clause, either on your […]

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Breaking a contract

Signing a contract is governed by the general principle - 'caveat subscriptor' - let the signer beware! This means that you are bound to honour what you sign.   However the government, in support of consumer rights, now allows you to cancel a fixed term contract early, provided you pay a cancellation penalty. There are […]

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Cancellation of Contracts

Can you cancel a lease, gym contract or cellphone contract early? A fixed term agreement governed by the Consumer Protection Act, such as a lease, gym contract or purchase of goods or services, can be cancelled early for any reason. Sections 14 (2) (b) and (3) of the Act provides that where there is a […]

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Electricity pre-paid overcharge ?

Pre-paid or overpaid? Electricity issues...   - A recurring problem with rental properties is the issue of the cost of electricity with pre-paid meters.   - Private meter companies allow owners to set the tariff at which electricity is charged out at. - Tenants complain that the private meter overcharge discrepancy can be as much […]

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