January 20, 2023

Fraud: Remedies available to defrauded parties

Fraud can be defined as the unlawful and intentional making of a representation that causes actual or potential prejudice to another. Parties often act on the […]
January 20, 2023

Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944

Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates […]
January 24, 2022

How do I register a trust?

A trust is an agreement between the person who owns the assets and the appointed trustees. A trust can be a good way to preserve your […]
January 24, 2022

Can I claim interim relief pending my divorce suit?

Divorce can often be an extremely stressful and exasperating process, and even more so when one spouse enjoys complete financial stability and the other has to endure a dire financial position. Such cases clearly create a huge imbalance amongst parties […]
October 13, 2021

Owner or keeper of dog – who is liable for the harm caused by animals?

This issue was recently dealt with in length in the SCA matter of Van Meyeren v Cloete (636/2019 [2020] ZASCA 100 (11 September 2020), where the focus of the SCA […]
October 13, 2021

Do you have cause for action for unjustified enrichment?

South African law makes provision for the fact that a person should, in principle, be entitled to institute an action for restitution where their estate was impoverished without justification. […]
April 1, 2021

Think twice before you take the law into your own hands

It is a well-established principle in South African law that a person may not take the law into his or her own hands. People aggrieved by the conduct of […]
April 1, 2021

What tenants need to know to protect their rights

Must my residential lease agreement be in writing?  It is currently not a requirement for a residential lease agreement to be in writing – a verbal […]
March 17, 2021

Have all the legal costs been covered?

In terms of Section 35(7) of the LPA, practising attorneys and trust account advocates must provide a written notice confirming a legal instruction and giving a cost estimate to a […]
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