n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The National Credit Act and so-called 'rental agreements' : analyses

Volume 24, Issue 3
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Now that the National Credit Act 34 of 2005 (NCA) has been in force for several years, one would generally expect it to be quite easy to ascertain whether a contract is a credit agreement under this statute. But in practice there are still some uncertainties about the applicability of the NCA, among other things, to what are called 'rental agreements'. These contracts are often used in industries such as engineering, office automation and information technology. We have examined a few practical examples to identify and analyse the nature of typical 'rental agreements'. In this note, a practical example containing the clauses generally used in this context is analysed to determine whether the NCA applies to these 'rental agreements'.

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