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Q. I have a dispute with my client, who has made reference to a verbal promise or something that my sales person may have said. We have a written contract (Terms & Conditions, or T&C). Can such a verbal undertaking be enforced by this client?

A: Yes, it is possible and it would depend on the evidence. Accordingly that is the reason why you should have comprehensive T&C with wording to the effect that your T&C is the fully inclusive document reflecting all aspects of your business arrangement.

DISCLAIMER: Each case depends on its own facts & merits. The above does not constitute advice. Independent advice should be obtained in all instances.

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Send your questions for Advocate Louis Nel to pippa@indpendentwriting.co.za. We will respond to all your questions even if it takes time and additional research, so please be patient. However we will give preference to the most pressing and commonly asked ones.