THE PROS AND CONS OF A TERMINATION FOR CONVENIENCE CLAUSE IN A CONTRACT
Background: When entering into a contract it is important to consider how the parties can go about terminating such contract. It is commonly known that a contract can provide for termination in the event of a breach. It is also possible however, to provide for...
SHEDDING LIGHT ON THE WHATSAPP CONTROVERSY
Most people have heard about the WhatsApp controversy regarding its new privacy policy. According to social media posts that circulated at the beginning of 2021, a new revised WhatsApp privacy policy was going to enable WhatsApp to access all of your private data...
How to deal with a data breach in your business
“My business has suffered a data breach following a successful phishing scam which one of our employees reacted to and so enabled the hacker to gain access and obtain client and business data. We have tried to do what we can to manage the breach, but are unclear about...
How valid is signing an agreement electronically?
“I’ve grown up signing our business contracts with pen on paper. With Covid however, most of my suppliers send me their agreements electronically which I sign by adding a copy of my signature digitally or, in some cases using specific software through which I then add...
Obtaining residency and doing business in Mauritius
Mauritius has long been valued as a jurisdiction with an efficient and effective regulatory framework and a diversified economy focused on the industrial, financial, and tourism sectors. Annual growth has averaged 5-6% over the past 10 years. The country is ranked...
What to do if my persky neighbour keeps parking in the visitors parking area
“One of the residents of the sectional title scheme I live in, constantly parks his vehicle in the parking bays designated for visitors. This is frustrating as there is limited visitors parking and often visitors are forced to park outside the scheme which is...
Misconduct as a result of mental illness
In November 2013, the employee was charged with: Being absent for 17 days between 30 August and 5 November; Breaching the employer’s policy by failing to inform his manager of his absence; Insolence towards a superior; and Insubordination in that he refused to attend...
Mediate rather than litigate
Wikipedia’s definition of mediation is “a structured, interactive process where an impartial third-party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques”. Mediation, when utilised in law, is a...
Can a body corporate institute action against the sectional title developer?
“In our sectional title scheme, it has become clear that many of the structures on the common property have been poorly built and are defective. However, the body corporate is uncertain whether it can take action against the developer for these defects and accordingly...
The rights of a dissenting shareholder in a scheme of arrangement
“I’m a minority shareholder in a company that has been approached by a buyer willing to buy out all the shareholders. Because of Covid-19 the company has suffered financially and I know that the shareholders holding more than 75% of the company will want to accept the...











