DRAFTING OF CONTRACTS

WHAT IS THE PROCESS IN DRAFTING LEGAL CONTRACTS?

Drafting a legal contract refers to the act of documenting the terms and conditions to a contract and ensuring that such conditions meet the unique requirements of our client. Drafting an effective contract is a multi-step process, including:

1. Determining the legal capacity of the parties– Each party must be sound of mind and a     major;
2. Establishing whether there is consensus between the parties – Parties to the agreement must be  in agreement about the terms and conditions of the contract and have the intention of  concluding a valid and binding agreement;
3. Ensuring that the agreement complies with the legal formalities – Legislation sets out certain formalities which needs to be applied to different types of contracts;
4. Determining whether the terms and conditions of the agreement is legal – For an agreement to be legally binding, its objective can’t be contra bonos mores
5. Ensuring that the performance of the agreement is possible – as soon as performance in terms of the contract is no longer possible, the agreement is considered to be voidable by the parties

CPather Attorneys can assist in all necessary business documents and drafting of contracts, including the following general documents:

  1. ACKNOWLEDGEMENT OF DEBT AGREEMENTS
  2. POWER OF ATTORNEY
  3. LEASE AGREEMENTS
  4. NON- DISCLOSURE AGREEMENT
  5. OFFER TO PURCHASE AGREEMENTS
  6. PARTNERSHIP AGREEMENTS
  7. RENT TO OWN AGREEMENTS
  8. LOBOLO AGREEMENT