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In South Africa, there is a crucial distinction between a "legal contract" drafted by a lawyer and a simple "agreement"
written by the parties themselves, even if done at a police station.
LEGAL CONTRACT (DRAFTED BY A LAWYER)
ENFORCEABILITY:
A legal contract drafted by a qualified attorney is generally considered more legally enforceable.
Lawyers are trained to ensure the contract adheres to legal requirements, includes all necessary clauses, and is unambiguous.
This increases the likelihood that a court will uphold the terms of the contract if a dispute arises.
CLARITY AND SPECIFICITY:
Legal contracts are typically drafted with precise language and specific terms, minimising the potential for ambiguity or misinterpretation.
This reduces the risk of disputes arising from unclear or vague agreements.
LEGAL EXPERTISE:
A lawyer will provide expert advice on the legal implications of the contract, ensuring that the agreement protects the interests of both parties.
They can also advise on potential risks and suggest appropriate remedies in case of breach.
AGREEMENT (WRITTEN BY PARTIES THEMSELVES)
ENFORCEABILITY:
While a written agreement can be admissible in court, its enforceability may be weaker than a legally drafted contract.
If the agreement is poorly worded, lacks clarity, or contains ambiguities, it may be difficult to enforce in court.
POTENTIAL FOR DISPUTES:
The lack of legal expertise in drafting the agreement can increase the likelihood of disputes arising from unclear or ambiguous terms.
This can lead to costly and time-consuming legal battles.
LIMITED LEGAL PROTECTION:
An agreement drafted by the parties themselves may not provide adequate legal protection for either party.
It may lack essential clauses or fail to address potential risks, leaving one or both parties vulnerable in case of a breach.
CONSEQUENCES:
If things go wrong with an agreement, the consequences can vary depending on the specific circumstances and the nature of the agreement.
Some potential consequences include:
DIFFICULTY IN ENFORCEMENT: If the agreement is poorly drafted or lacks clarity, it may be difficult to enforce in court. The court may struggle to interpret the agreement's terms and determine each party's rights and obligations.
INCREASED RISK OF DISPUTES: Ambiguous or unclear agreements can increase the likelihood of disputes arising between the parties. This can lead to costly and time-consuming legal battles.
FINANCIAL LOSSES: If the agreement is not enforceable, one or both parties may suffer financial losses due to the breach of the contract.
REPUTATIONAL DAMAGE: Disputes arising from poorly drafted agreements can damage the parties' reputations.
While a simple agreement can be useful in some situations, it is generally advisable to seek the assistance
of a qualified lawyer when drafting important agreements. A legally drafted contract provides greater certainty,
enforceability, and protection for all parties involved.
DISCLAIMER:
This information is for general guidance only and does not constitute legal advice.
It is essential to consult with a qualified attorney for specific legal advice regarding your particular situation.
Specialised Security Services (SSS) has a dedicated team of legal experts to navigate contractual disputes
or seek legal advice on any type of agreement. Should you require assistance,
please contact Mr. Mike Bolhuis for guidance and support in resolving legal matters effectively.
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Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
PSIRA Reg. 1590364/421949
Mobile: +27 82 447 6116
E-mail: mike@mikebolhuis.co.za
Fax: 086 585 4924
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