Drafting of Credit Documentation

When does the National Credit Act Apply to a Transaction?

The Test for NCA Applicability The National Credit Act No. 34 of 2005 (“the NCA” or “Act”) has had a significant impact on transactions involving deferred payment and interest in South Africa. However, it has almost become trite law to refer to the interpretive challenges that arise out of the poor drafting, while at the …

When does the National Credit Act Apply to a Transaction? Read More »

Credit Application Forms incorporating STC

The basis of any sound business relationship between any business extending credit in any form to customers or clients, is a credit application form incorporating standard terms and conditions of trade. The purpose of this document is as a many faceted but the most important functions are: To enable you to properly assess who your …

Credit Application Forms incorporating STC Read More »

Signing Twice on the Dotted Line

A copy of Brett Bentley’s article appearing in the October 2005 SA Attorneys Journal De Rebus: Caveat subscriptor, quasi-mutual assent and credit applications incorporating suretyships Brink v Humphries & Jewell (Pty) Ltd 2005 (2) SA 419 (SCA) The caveat subscriptor doctrine has come under increasing pressure in recent years in favour of purportedly public policy …

Signing Twice on the Dotted Line Read More »