Areas of Practice
Drafting of Contracts Cape Town
Watertight contracts that protect your interests — expert drafting, review and negotiation from our Grassy Park and Bellville offices.
A well-drafted contract is the foundation of any successful business relationship. Poorly worded agreements leave parties exposed to disputes, financial loss and litigation. VDH Attorneys drafts, reviews and negotiates a wide range of contracts for individuals, small businesses and corporates across the Western Cape, ensuring that your rights are protected and your obligations are clearly defined.
What We Handle
- Commercial contracts
- Service level agreements (SLAs)
- Lease agreements (residential & commercial)
- Employment contracts
- Independent contractor agreements
- Non-disclosure agreements (NDAs)
- Sale of business agreements
- Shareholders' agreements
- Franchise agreements
- Settlement agreements
South African contract law is governed primarily by the common law, supplemented by statutes such as the Consumer Protection Act 68 of 2008 (CPA) and the National Credit Act 34 of 2005 (NCA). The CPA in particular imposes significant obligations on suppliers of goods and services and provides consumers with extensive rights, including the right to fair, reasonable and just contract terms. We ensure that your contracts comply with all applicable legislation.
A contract that is ambiguous, incomplete or one-sided is an invitation to dispute. Our attorneys identify potential risks and loopholes before they become problems, and we draft clear, enforceable provisions that reflect the true intention of the parties. We also review contracts presented to you by third parties and advise you on any terms that may be unfair, unusual or contrary to your interests.
When disputes do arise from contractual relationships, we assist clients in enforcing their rights through negotiation, demand letters, mediation and, where necessary, litigation in the Magistrates' Court or High Court. Our goal is always to resolve disputes as efficiently and cost-effectively as possible while protecting your legal position.
Frequently Asked Questions
Does a contract have to be in writing to be enforceable?
Not necessarily. South African law recognises verbal contracts in most circumstances. However, certain contracts must be in writing to be valid — for example, contracts for the sale of immovable property (section 2 of the Alienation of Land Act 68 of 1981) and credit agreements regulated by the National Credit Act. Even where a written contract is not legally required, we strongly recommend it to avoid disputes about what was agreed.
What makes a contract legally binding?
For a contract to be legally binding in South Africa, there must be an offer, acceptance of that offer, consideration (something of value exchanged), capacity of the parties to contract, and legality of the subject matter. The parties must also have a genuine intention to create legal relations. Our attorneys ensure that all these elements are present in every contract we draft.
Can I cancel a contract if I change my mind?
This depends on the terms of the contract and the applicable legislation. The Consumer Protection Act gives consumers a general right to cancel certain contracts within five business days (the "cooling-off period") and to cancel fixed-term contracts on 20 business days' notice. Outside of these statutory rights, cancellation is governed by the terms of the contract itself. We advise clients on their cancellation rights in specific situations.
What should I do if the other party breaches a contract?
If the other party fails to perform their obligations under a contract, you may be entitled to enforce the contract, claim damages, or cancel the contract and claim restitution — depending on the nature and severity of the breach. We advise clients on the most appropriate remedy in their circumstances and assist with demand letters, negotiation and, where necessary, litigation.