It is common economic parlance, that there are worldwide supply chain problems. The war in Europe and other global issues have resulted in higher inflation and an increasingly uncertain economic outlook, which has negatively affected companies globally, and specifically in Zimbabwe. In addition, research from Morgan & Co, published in their Economic Outlook Report 2023,Continue reading “Voluntary Corporate Rescue as a lifeline for distressed businesses – Zimbabwe”
Tag Archives: Contract law
Landlords granted right of automatic cancellation in breach by the Supreme Court
On the 25th of October 2022, the Supreme Court of Zimbabwe handed down a seminal judgment in the case of Rolen Trading (Private) Limited v Parkside Holdings (Private) Limited SC 106/2022. In the judgment the Court held, amongst other things, that where there is a written lease agreement with set dates on which rent shouldContinue reading “Landlords granted right of automatic cancellation in breach by the Supreme Court“
UNPACKING ASSIGNMENT CLAUSES – A broad overview
We often see the clause below in many agreements we enter into; “ASSIGNMENTNo party may assign, transfer, sub-contract or otherwise part with this agreement or any partthereof or any right or obligation under it, without obtaining the other party’s prior writtenconsent thereto.ORA party may assign its rights under this Agreement to any affiliated entity which directlyContinue reading “UNPACKING ASSIGNMENT CLAUSES – A broad overview”
Law on Guarantees in Zimbabwe
In this week’s blog post we discuss Zimbabwean law on contracts of guarantee. What is a contract of Guarantee? In simple terms a guarantee contract is an autonomous agreement between the guarantor and the creditor. It is essentially a promise by one party (the “guarantor”) that a second party (the “principal debtor”) will fulfil hisContinue reading “Law on Guarantees in Zimbabwe”
REMEDIES FOR BREACH OF CONTRACT
In this week’s blog, we will be discussing remedies that are available to an aggrieved party in instances where there is a breach of contract. A breach of contract occurs when a party to an agreement fails to fulfil any of the agreed-upon terms and conditions of the contract. When this occurs, the aggrieved partyContinue reading “REMEDIES FOR BREACH OF CONTRACT“
Essentials of a Partnership Contract in Zimbabwe
In this week’s blog post we discuss partnership agreements, essential clauses and guidelines for registration. What is a partnership agreement? A partnership contract is a document which outlines the way a business partnership will be run. In terms of the Companies and Other Business entities Act, in Zimbabwe a partnership may have between 2 andContinue reading “Essentials of a Partnership Contract in Zimbabwe”
The Importance of Non- Disclosure Clauses in Agreements
Often, we have wondered how do I share commercially sensitive information to progress a deal whilst protecting your business interests? Or how can I ensure that my trade secrets or inventions are kept safe whilst progressing business deals? In this week’s blog, we shall be discussing the importance of non-disclosure clauses in an agreement, mainlyContinue reading “The Importance of Non- Disclosure Clauses in Agreements”
CONTRACT LAW IN ZIMBABWE – Key Differences between contracts regulating employee and independent contractor
We are currently doing a series titled “Contract Law in Zimbabwe”. This week we look at the key differences between employment contracts and a contract in which an independent contractor is engaged. We also consider how the courts in Zimbabwe determine which category the contract falls under, between the two. As well as potential risksContinue reading “CONTRACT LAW IN ZIMBABWE – Key Differences between contracts regulating employee and independent contractor”
The requirements of a valid contract in Zimbabwe
In our last article, we looked at the Ten ‘Must Have’ Contractual Clauses. If you missed that article, you can read it by clicking the following hyperlink: https://lexamicuszw.wordpress.com/2022/04/09/the-ten-must-have-contractual-clauses/. This week’s article focuses on the basic requirements of a valid contract in Zimbabwe. For a contract to be deemed valid, it should tick the essential essentialsContinue reading “The requirements of a valid contract in Zimbabwe”
The Legal Position of Simulated Transactions in Zimbabwe
What is a simulated transaction? In simple terms, a simulated transaction is a disguised transaction. Amler’s Precedents of Pleadings 8th ed at p 345 defines a simulated transaction as follows; “A simulated transaction is essentially dishonest because the parties to the transaction do not intend it to have between them the legal effects it purportsContinue reading “The Legal Position of Simulated Transactions in Zimbabwe”
Lex Amicus 