Commercial Contracts

Contracts form the backbone of most business relationships, and it is important to make sure that all local requirements for a valid and enforceable contract are met. The Commercial Contracts product provides an overview of these requirements. It also considers aspects such as freedom of contract, warranties, and prohibited and implied terms covering contracts in general, as well as specific contracts for the sale of goods, franchise and agency.

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The following topics are covered in the Commercial Contracts product for each country (click to expand):
Commercial Contracts
  • 1General principles
  • 2Sale of Goods
  • 3Franchise Contracts
  • 4Agency Contracts

Practical Q&A format

This product contains detailed and up-to-date local guidance, in an easy-to-use question-and-answer format, in relation to general and specific commercial contracts. If you have a question that is not answered, we’ll source the response for you. Sample questions include:
Question - Afriwise
Must contracts be registered? If so, where must they be registered and within what timeframe must they be registered?
Question - Afriwise
Are there any terms in contracts that are implied by operation of law?
Question - Afriwise
Can a contract between a local entity and a foreign entity and/or two local entities be governed by a legal system other than local law? What is the most common situation in practice?
Question - Afriwise
What is the prescription period for enforcing contractual rights?
Question - Afriwise
In the event of defective goods, can the buyer bring a direct claim against the manufacturer of the goods if the manufacturer is not the seller?
Question - Afriwise
Can parties freely agree on the amount of the franchise fees or are there instances in which such contractual freedom is limited by law?
Question - Afriwise
Are there any laws that govern unfair or prohibited terms in agency contracts?

Benefits of Commercial Contracts

If you are entering into contracts with counterparties in an African country and wish to tailor your contracts to take into account local-law requirements, the Afriwise platform, and our Commercial Contracts product in particular, is a must. In addition, if you are setting up a franchise, establishing an agency relationship or selling goods in a particular African country, Afriwise provides you with all the necessary contract-related legal guidance from a local law perspective. Afriwise is more powerful than any other solution as it provides accurate, up-to-date and plain-language guidance in relation to all your questions, is interactive, and also notifies you when there are legal updates you should be aware of.
Afriwise subscribers benefit from:
  • 24/7 access to our online platform
  • detailed practical guidance and insights on all aspects of this area of law
  • overviews of the applicable laws and upcoming changes, as well as alerts to important legal developments
  • downloadable copies of all relevant laws and regulations
  • direct access to vetted local contracts law experts
  • valuable tools such as a powerful search engine with relevant filters
  • country comparisons
  • a clarification-request tool
  • note-taking
  • ... and much more.
Gain full visibility and clarity across the local landscape of contracts law. If you want your contracts to be airtight and fully enforceable from a local law perspective, Afriwise is exactly what you need.

Afriwise connects organisations to outstanding quality and up-to-date legal, risk and business information and local expertise for African countries. We give you deep understanding about African markets, online, and help you proactively comply with local regulations.

Our award-winning solution offers an innovative way to source all the information you need to ensure that your contracts are properly formed, do not breach local laws and are fully enforceable, and this across various African countries.

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