Commercial Contracts that get you Ahead of the Curve

The start of a new year is about setting goals. But before you focus purely on revenue targets, ask yourself: Is your business legally protected to achieve those goals?

At Mc Naught & Co, we believe your commercial contracts should be more than just paperwork; they should be your 2026 blueprint for business security and growth. January is the perfect time to proactively audit your agreements and shore up your legal foundations.

🏆 Recognised for Legal Excellence: A Message of Credibility

We are proud to share that our commitment to delivering expert, ethical, and seamless representation has been recently recognised in Acquisition International Magazine, including our placement in the Leading Advisor Awards 2025. This external validation underscores the value we place on foresight and expertise in all areas of law, especially complex commercial matters.

💡 Navigating SA's Regulatory Volatility

The South African and global regulatory landscape is becoming increasingly unpredictable. For businesses, this volatility is compounded by factors like currency instability and evolving procurement rules. Proactive legal planning is no longer optional – it's essential for survival.

Pillar 1: The Contract Health Check – Auditing Your Agreements

Ambiguity is the enemy of business security. A proactive contract audit now can save years of costly litigation later. Our team focuses on key clauses that are currently driving disputes:

1. Enforceability and Legality: Agreements with state organs (like municipalities) are under intense scrutiny regarding compliance with public law requirements, such as Section 217 of the Constitution and the MFMA. If your agreement involves government, legality is paramount.
2. Dispute Resolution: Litigation is costly and time-consuming. We structure contracts to favour Alternative Dispute Resolution (ADR) methods like mediation and contractual adjudication. ADR offers faster resolution times, confidentiality, and often lower costs, a key trend in South Africa.
3. Termination and Arbitrio Boni Viri: Recent SCA decisions reinforce that even discretionary powers in a contract (like varying credit terms) must be exercised arbitrio boni viri – reasonably, in good faith, and for a legitimate purpose. We draft clauses that protect your flexibility while meeting this ethical and legal standard.

Pillar 2: Litigation Foresight – Planning for the Unexpected

While we aim to prevent disputes, successful businesses are prepared for the unexpected. When conflicts do arise, our focus shifts to decisive, ethical resolution.

• Financial Claims: High Court divisions are seeing ongoing commercial claims related to financial services, debt recovery, and contractual damages, often requiring anti-dissipation orders to preserve assets.
• Company Disputes: We handle matters concerning shareholder agreements and claims of fraudulent breach of trust. These require deep expertise in company law to navigate.

At Mc Naught and Co, we uphold a third pillar – the Human Element: Law with Empathy. 

In the rush of the "back to work" period, never forget that contracts are agreements between people. Our approach to Commercial Law is defined by empathy and foresight. We focus on creating equitable, enforceable contracts that nurture professional relationships while clearly protecting your interests.

🌐 Cross-Border and Comprehensive Security

As a proud member of Cross Border Advisory Solutions, MNC is positioned to help your business navigate global complexities. We ensure your international agreements comply with multi-jurisdictional requirements, giving you global confidence. Beyond that, our services extend across:

• Commercial Conveyancing: Ensuring your long-term commercial leases and property acquisitions are securely registered by our Notaries and Conveyancers.
• Wills & Estates: Aligning your business succession plan with your Will to protect your legacy.

👉 Your Next Step for a Secure 2026

Don't wait for a dispute to discover a flaw in your contract. Start the year strong with legal clarity. 

We are here to simplify the complex and ensure your commercial journey is legally secure.

[LIVE CTA]: Book a Commercial Strategy Session 

📞 Call us directly: +27 (0)87 021 0123 

🌐 Visit us: maclaw.co.za/commercial-strategy