Posts filed under: Commercial Law

Your business agreements – is your customer data being secretly used for AI training?

How sure are you that AI is not secretly using your customer data while hiding behind broadly worded clauses in your business agreements?  In commercial business transactions, protecting your customer data (“information”) is of utmost importance. It is essential to... Read More

SME legal risk management plan must haves in regard to business contracts (without limitation)

Legal Budget You can explore a retainer arrangement or opt for fixed fee legal services, or monthly legal services subscription plans if you do not have a reasonable budget for legal services in your business. Our service offering At MHM... Read More

Franchise Agreement

A franchise agreement is an agreement that regulates the relationship between a franchisor and franchisee. In South Africa, there is no specific legislation that regulates franchise relationships. There is, however, legislation that impacts a franchise business (for example: consumer protection laws,... Read More

SMME considerations when doing business with big corporates

You have finally won that tender to provide products or services to a major corporate, after several attempts over a period of time. Prior preparation will help you manage your risks, be it legal or commercial, in your business dealings... Read More

Legal considerations when deploying AI technologies in your business

Artificial Intelligence (AI) is being incorporated steadily into business operations worldwide, as things evolve with time. Businesses are constantly on the lookout for innovative ways of improving their products and services for efficiency and customer/client satisfaction. AI technologies can provide innovative... Read More

External legal counsel for your business – when is it necessary? 

In the running of a business, legal challenges that may arise include managing contracts, compliance with laws and providing on-demand legal advice for day to day legal challenges. Engaging the services of external legal counsel can help meet these challenges... Read More

AI risks in business

Using AI as a tool in the provision of professional services can present reputational harm challenges, particularly in instances where the information extracted from an AI tool is not verified and the correct understanding of the information produced by the... Read More

Online contractual templates for your business

Businesses enter into contracts in their daily operations. Contracts play a crucial role in commercial transactions as they create a legally binding relationship. They protect the best interests of a business and helps businesses manage legal and commercial risks in... Read More

Service credits – a good or a bad deal?

If you are a technology company negotiating commercial contracts, whether providing SaaS, hosting, infrastructure, or managed services then this article is for you. Service credits are a common feature in a plethora of technology contracts.  It usually appears in the... Read More

Enforcement of restitutionary remedies in construction contracts

Tame N.O and Others v Tala Light Weight Construction (Pty) Ltd and Others (6550/2019) [2025] ZAWCHC 63 (24 February 2025) The above case concerns a restitutionary claim due to a breach of contract. The court clarified the law on restitutionary... Read More
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