• 057 916 6666
  • nvr@nvrlaw.co.za
  • Monday to Thursday 08:00 - 17:00 | Friday 08:00 - 16:30
www.nvrlaw.co.za
 
 
 
 
 

 

 
 
From contractual blunders to High Court litigation in the blink of an eye!
21 November 2019  | Dries Knoetze | Views: 38
 
By this time you should be aware of the fact that I am a litigant who spend most of my days in Court resolving disputes between parties.

Most of the disputes are contractual of nature meaning that the dispute is based on a verbal and/or written agreement.

The reason why I chose contractual disputes as a topic to blog about, is due to the fact that all these disputes could have been intercepted and/or prevented if a proper written agreement had been drafted before the deal was done.

Now I must make it clear that I am no expert in drafting agreements of any nature and spent all of my time evaluating existing agreements and looking for loopholes in the agreements to assist my clients to either cancel the agreement or to enforce the agreement.

If I may be so bald to say that the main reason why agreements entered into between two willing and able parties end up in litigation is due to poorly drafted agreements. Agreement either drafted by unexperienced legal advisors or in most instances the parties themselves after an example was obtained from "google".

A further reason why contracts ends up in Litigation is due to the fact that most parties do not see the need to pay a qualified person, be it an attorney or legal representative an amount of money, which amount normally seems ridiculous at the time to draft a simple agreement or both the parties uses the same attorney to draft the agreement. It is advisable that both parties employ the services of independent attorneys to ensure that both parties' interest are protected.

Currently should you wish to approach the High Court with litigation of this nature you can expect to pay hundreds of thousands of rands and in some instances even millions of rands for Advocates, Correspondent Attorneys and of course  your own attorney, which costs could be have been prevented if the parties took the time and spent some money drafting a proper contract.

It is further very important that when consulting with an attorney to draft the agreement, to provide him/her with all the relevant information and conditions of the agreement as once the agreement is signed by both parties it will be binding in most instances.

You are therefore advised to approach an attorney to assist you in drafting a proper agreement.