Commercial lawyers can assist you by assessing all possible options in a given situation and bring to light a few that you have missed. It’s easy to overlook potential solutions to challenging legal situations when you aren’t aware of all of the possibilities available to you.

“A verbal contract isn’t worth the paper it’s written on” – Sam Goldwyn

We’ve got that saying on the top of our commercial contracts page for a reason. While legally binding, verbal assurances and deals sealed with a handshake can quickly deteriorate into a case of “he said, she said” in the event of disputes. When planning for the future of your business it’s best not to build on shaky foundations even though establishing a commercial contract may prove to be a complicated exercise.

Furthermore, it is imperative to formulate a contract that is specific to your business, making provision for future growth and developments so as to avoid future disputes.

But why not grab a generic contract from the internet?

Negotiation and drafting a contract are part of the process. Commercial contract lawyers will have to spend time getting to know your business and how best to establish a contract that is fair to both parties involved. Risk should be allocated equitably between each party and the ability of each party to control against the risk allocated against it requires an in-depth understanding of the client’s insurance policy. This will then determine if the party can, in fact, carry the risk allocated to it. Without this, the contract is flawed.

Not only is it important to know what is present on the contract, but also what is not. Commercial contract attorneys with many years of experience will be able to see what is missing or vague and make corrections so that the final draft of the contract fully addresses the requirements of both parties. Someone inexperienced in the drafting of contracts may very easily overlook a great number of points which were simply not present in the first place and will not be able to properly elaborate on sections that may be of great importance in their specific situation.

Drafting the right contract for your business from the onset will be one of the best moves you can make. The investment in hiring qualified commercial contract lawyers will prove to be a worthwhile oneas your business grows and you find that all of your bases have been covered.

Van Zyl Ebrahim Cook Attorneys Incorporated is a law firm based in Johannesburg, South Africa. We work with clients based locally and internationally and have extensive experience with South African commercial contract law, especially as it is one of our core practices. Should you be based abroad and have business interests in South Africa, we’ll gladly draw on our expertise to draft the right contract for you so that you can proceed with the utmost confidence.

Get in touch with us via our contact page.


Are you based in the UK and looking for a commercial attorney South Africa (in the UK this is referred to as a Business Solicitor)?

Allow us to introduce ourselves. Van Zyl Ebrahim Cook Attorneys Incorporated is a law firm with a strong focus on commercial law and retail, industrial and office leasing. We also offer many other services ranging from Companies and Intellectual Properties Commission-related services (CIPC), international commercial litigation and debt collection, commercial contracts and insolvency. We serve clients in South Africa and around the globe, assisting them in their business interests across South Africa. We represent major landlords and property management companies. We also represent local and national tenants in various situations regarding dispute resolution, negotiating and vetting relating to commercial leases.

South African commercial law, particularly commercial law, is different to UK law in many respects. When assessing complex commercial lease contracts, we can be of great assistance in explaining country-specific laws and help you to better understand the agreements before signing. We can also help you in formulating commercial contracts that are fair and structured in such a manner that the best interests of each party is given due consideration. As a commercial attorney (in the UK this is referred to as a Business Solicitor) South Africa, we work alongside you in negotiation, litigation and debt collection.
When pursuing international debt collection, we understand the difficulties involved for UK companies and residents. You are dealing with a situation where your debtor is a great distance away, different laws govern the process, and your debtor can easily stop communication. We have experience in debt collection for clients based abroad and will always do so within country-specific laws, maintaining the utmost regard for your business and being sure to represent you and your company in such a manner that, whenever possible, best lends itself to conducting future business with your debtor. Even though you might not feel it worth pursuing debt after the effort and hours spent seem to avail little or no results, we encourage you to contact us here. We operate within the guidelines defined by the National Credit Act, 34 of 2005.

Forming a strong business relationship with a commercial attorney (in the UK this is referred to as a Business Solicitor) in South Africa means that you know that you have someone who both understands your business and will always offer you the most professional representation.

When in need of a commercial attorney (in the UK this is referred to as a Business Solicitor) South Africa, regarding the lease of commercial property, negotiating of contracts, or seeking debt collection services, Van Zyl Ebrahim Cook Attorneys Incorporated has extensive experience in working with clients based abroad. To see our full range of services, visit this page.


What is commercial contract law and how does it apply to me?
Whether dealing with debt, entering into a merger, debt collection, or commercial rental agreements, commercial law is the contractual agreement that dictates what each party may and may not do. Verbal agreements don’t stand up in court nearly as well, so the written contract is the best means of establishing an agreement. More than creating rules to be enforced, a commercial contract is a means whereby each party gains an understanding of what to expect from the other in order to foster a sound working relationship in the long run.

Problems arise when one or both parties don’t have a full understanding of the contract. At other times,a poorly constructed contract can be the source of ongoing problems. Sometimes it may seem like a good idea to keep costs low by making use of an online template, but in doing so you can almost be assured that you have missed at least a few important points of consideration. A contract tailored to your business is always the best way to proceed. The forward-thinking business owner will make provision for the future of his business.

Misunderstanding of a contract can easily happen. Commercial contracts are often seemingly arcane in their complexity. Full comprehension of a contract is extremely important. Never comply with suggestions to, “Just sign,” or, “It’s just a standard xyz contract.” Even though it may seem a daunting task, reading and thoroughly understanding a contract is of the utmost importance. It’s easy to miss something that may have negative ramifications on your business years down the line. By far the best advice that can be given when signing such a document is to enlist the services of attorneys well-versed in commercial contract law. In so doing, you can be assured that they will carefully check the contract and notify you of any points that may not be in alignment with your best interests. Furthermore, they will be able to communicate the contents to you in a clear and easy-to-understand manner so that you have a good understanding of what you are signing and how it may impact your business.

Commercial contract law also experiences variations from country to country, and if you are based abroad and have, or are interested in opening a business in South Africa which requires that you sign a contract, making use of attorneys with experience in contract law is highly advisable.

Van Zyl Ebrahim Cook Attorneys Incorporated is a law firm based in JHB. We serve clients nationally and abroad. Get in touch with us for any contract law requirements you may have.


It’s easy for any business to run into a tricky legal situation that could prove to be difficult to navigate down the line. Staff disputes, seemingly impenetrable contract law, and litigation can all serve to interrupt the progress of an otherwise blooming business. In many instances, business owners only hire an attorney when it’s already too late and the costly process of litigation is underway. Your newly appointed attorney will then have to get to know your business from the ground up, litigation can take months or even years all the while putting personal and financial strain on you, the business owner.

Hiring a commercial attorney to assist with legal business matters on an ongoing basis can prove to be highly beneficial to your company in the long run. Sure, a commercial attorney will be an indispensable ally should you need to defend your business, but having access to legal advice on an ongoing basis can help you avoid making errors in the first place. We can help you avoid legal battles by pre-empting legal sticking points or seeing legal red flags that you otherwise might not have noticed. You don’t have to succeed via trial and error, you can make the best decisions the first time around, thereby increasing the rate at which your business can grow without encountering major setbacks or problems which would have interrupted an otherwise steady growth.

The truth is, most business owners get emotionally caught up in the decision-making process. It’s their business and they’ve put the work in, made sacrifices, and possibly put much of their financial future on the line. Running a business, running a company can be taxing. It’s easy to make emotionally charged decisions in haste. Such decisions can sometimes result in catastrophe.

Commercial attorneys can provide an objective, calm perspective on any situation, with practical advice on how to proceed in stressful situations. Making the right decisions from the onset can help avoid legal battles and other potential difficulties down the line. Possible sticking points can be pre-empted and avoided, which is far better than dealing with needless fallout later on. Contracts can be checked and explained in a coherent manner so that you can make the most informed decision, without getting caught up in over complicated terminology. Commercial attorneys can assist you in making the decision whether litigation is the best option, and how to proceed in the most considered manner, best suited to your business. They work to secure the outcomes that you want in the long term.

Van Zyl Ebrahim Cook Attorneys Incorporated is an energetic firm of commercial attorneys. We serve clients nationwide and abroad with our preferred areas of practice being commercial drafting, commercial litigation, debt collection, dispute resolution, retail, industrial and office leasing, insolvency and international debt collection.