RE:     LEGAL SEMINAR :  LAW OF CONTRACTS / DRAFTING OF CONTRACTS

With reference to the aforementioned training module, the following topics will be addressed during the seminar and will be held over a period of three consecutive days:

1.     Division A:  Legal Principals of Contracts in Terms of Commercial Law

1.1         Definition of a Contract

1.2         Sources of the South African Law

1.3         Classification of South African Law

1.4         Branches of Law

1.5         The south African Judiciary

1.6         Introduction to the Law of Contract

1.7         What constitutes a valid contract?

1.8         Offer and Acceptance

1.9         What can influence consensus?

1.10      What can influence capacity?

1.11      What can influence lawfulness?

1.12      What can influence physically possible?

1.13      What about formalities?

1.14      Performance

1.15      What happens when a contract is:

·        Valid

·        Void

·        Voidable

1.16      Who are the parties to a contract?

1.17      What constitutes the contents and terms of a contract?

1.18      How can a contract be breached?

1.19      What would the legal remedies be when a contract is breached?

1.20      How do we terminate contracts?

1.21      What do we know about the law of agency?

1.22      What about insurance contracts?

2.       Division B:  Specific Contracts

2.1         Contract of Sale

2.2         The Credit Agreement

2.3         Letting and Hiring

2.4         The Contract of Employment

2.5         The Contract of Surety

2.6         Service Level Agreements in General

3.       Division C:  Drafting of Contracts:  Practical

3.1         The duties of the drafter

3.2         General guidelines

3.3         Contents of particular contracts

3.4         How to draft an understandable contract

3.5         Common Terms

The above seminar is brought to the economic sector by ACLA at nominal fee of R6 400 (VAT inclusive) per delegate for the entire duration of the seminar and it is advised predominantly for in-house training.  Corporate companies can direct their enquiries with Janet at jlclark@webmail.co.za or on cell phone number 072-907-9839.

For in-house training ACLA requires a minimum of 4 delegates per seminar session held in Gauteng.  For any other bookings outside Gauteng as well as within neighboring Southern African Countries, travelling and accommodation costs will be negotiated as an additional expense.

ACLA MARKETING DEPARTMENT: CONTRACTS

FROM THE CHAMBERS OF ADVOCATE JAMES CLARK

Consumer Protection Act: Labeling and Specification requirements

COMMERCIAL VEHICLES
HIGH NOON FOR SNAKE OIL- BY DAVE SCOTT
AutoForum and forerunner. Auto
Engineering & Spares, have both
carried many articles exposing automotive
components that play a decisive
role in a vehicle's cost of ownership
and reliability, including road safety. The
lack of response and rebuttal to these
exposures can only mean that we
were on target in an unregulated
market where low cost rules at the
expense of consumers. This is about
to change dramatically.
The new Consumer Protection Act No
68 of 2008 (CPA) places SA consumers
in the position of being the most
protected consumers in the world
- products must stand up to close
inspection for any claim they make,
especially implied claims. This contains
huge threat for all those automotive
parts and lube suppliers who, with false
claims, have been dumping weak and
faulty products onto the market.
As attorneys Deneys Reitz states: "The
Consumer Protection Act, signed into
law on 29 April 2009, places onerous
obligations and prohibitions on suppliers
and will have a significant impact on
the way business is conducted in South
Africa... the Act introduces a system of
product liability on suppliers for damage
caused by the supply of defective
goods. A consumer can therefore claim
damages from producers, distributors
or suppliers for any death, injury, loss,
damage to property and economic loss,
without having to prove negligence.
A load strap with a 5 tonne label will
clearly mean that a 'reasonable person'
will understand the breaking strain is 5
tonnes. And while in practice this is only
740 kg, the supplier and manufacturer
of the load strap will face huge claims.
The SA lnstitute of Tribology (SAIT)
recently held a workshop around the
CPA and the specifications, product
markings and advertising implications
for South Africa's lubricant industry. A
'Tower-of-Babel' clearly exists among
lubricant suppliers in terms of product
marking - whose standard applies? Will
it be American, European or Japanese
and what do all these acronyms on a
lubricant can mean to a 'reasonable
man'- especially a 'reasonable
man' in Africa?
At the SAIT workshop Adv
James Clark presented legal
opinion on the CPA with specific
regard to product labeling and
specification requirements.
Adv Clark's warning is clear:
"lt is advised that product
and service providers must, as far as
possible, stay away from implied trade
descriptions, as they are susceptible to
the reasonable man's interpretation and
imagination as well as to those entity's
that may have a warped imagination.
The negative of implied will always be
prone to interpretation beyond and far
from the actually implied trade descriptions
supplied by the product and/or
service provider. Adv. Clark goes on
to conclude that: "To pass this scrutiny
under the new Consumer Protection
Act, manufacturers will have to 'watch
their language'and make it 'particularly
loud and clear' if using the product
carries any conceivable risk."
This is high noon for'snake oil' sellers
whose product claims imply there are
fairies at the bottom of the garden.
According to Adv. Clark the following
is a summary in terms of the consumer's
right to product labelling and
trade description:
. Suppliers and service providers are
required to display labelling and trade
descriptions of products, which do
not mislead consumers about the
contents of the packaging or goods
attached to the products.
. Suppliers are not permitted to alter
amend, conceal, remove or deface
trade-marks and other product labelling,
so as to mislead consumers.
. Producers/importers of products
or goods are required to display
the country of origin and any other
prescribed information, such as
expiry dates.
. Producers, suppliers and importers
are required to disclose the presence
of any genetically modified
ingredients, in compliance with
international and South Alrican laws
and regulations.
There's no time to be lost. Deneys
Reitz attorneys observe: "The sections
governing the establishment of the
National Consumer Commission - an
enforcement and investigative body -
will come (came into operation on 24
April 2010) as will the regulations to be
promulgated in terms of the Act. This
will ensure that businesses will be in a
position to know exactly what they need
to do in order to comply, before the
implementation of the rest of the Act.
The remainder of the Act will come into
force on 24 October 2010."
Truck original equipment manufacturers
(OEM's) and their dealers must take
note of the CPA. A truck OEM supplies
a chassis/cab that is converted by a
dealer and body/equipment supplier
into a complete product - there's a
number of role players who must
ensure the truck delivers its promise in
harmony of all components. And finally
vehicle selection for the task - get this
issue wrong and the CPA will ensure the
truck supplier is taken to task.
The CPA will create a whole new
industry of damage-seeking clients
and a legal segment that will focus on
this new Act.