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LEGAL CONTRACTS: STANDARD CLAUSES:
[an Article by listed attorney: Fawzia Khan]
Drafting appropriate contracts is the mainstay of many civil and commercial attorneys’ law practices. The drafter of such a contract would need to have some technical knowledge of the product or service for which the contract is being drawn. He/she must be able to draft the contract giving effect to the client’s requirements and do so without breaking any existing laws, whilst ensuring that the client’s rights and interests remain protected as much as is possible. For that reason it’s always a good idea to get the terms of a contract to be negotiated between the attorneys acting for the different parties, so as to ensure that it’s not too one sided.
Having good drafting skills for such commercial or civil contracts would therefore be considered to be important, but if there was non compliance of the law of contract , as well as all other prevailing legislation in South Africa, the contract could be rendered void and unenforceable. The Consumer Protection Act, for example makes it compulsory for a contract to be worded in plain English and be easy for a lay person to understand. A good civil or commercial law attorney should also be competent enough to navigate through a contract drawn by someone else and provide meaningful legal advice to their clients on the rights and duties flowing from the written contract.
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