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 wealth for your family and children. A well-managed trust will make sure that anyone who is a beneficiary of the trust benefits from it. The trustees have the important […]
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 to the divorce suit. South African law, however, provides relief for a party who may be prejudiced by this imbalance. A spouse who plans on filing for a divorce or is currently in the […]
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 was on the origins of a delictual claim brought under the “actio de pauperie”. This ancient legal remedy provides that “the owner of a dog that attacks a person who was lawfully at the […]
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. An action for unjustified enrichment may exist if a Plaintiff transferred value to the Defendant and: The Defendant was enriched; The Plaintiff was impoverished; The Defendant’s enrichment was at the expense of the Plaintiff; The enrichment […]
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 another must follow proper legal procedure in order to address their grievances and to obtain the relief they want. For instance, a landlord may not evict a non-paying tenant without a court order. It […]
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 agreement where the rent and rented property is identified is recognized by South African common law and is just as valid as a written agreement. This may, however, not […]
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 client upon receiving a formal instruction or as soon as practically possible thereafter. The written notice must include the following details: The likely financial implications, including fees, charges, disbursements and other costs; The hourly rate of […]
When is a consumer entitled to a refund?
Despite tough economic circumstances amidst the COVID-19 pandemic, shops continue to advertise big sales, discounts, and promotional offers. Whether it is Black Friday, Boxing Day, or just an end-of-season sale, there seems to always be a reason for a sale. The question that the consumer may have is: What if I buy something, on a sale or otherwise, and later change my […]
Understanding domestic violence protection orders
Domestic violence in its various forms has always been a problem of epic proportions and even more so in a time where the COVID-19 Coronavirus has forced people worldwide to stay at home. In South Africa, when the president declared a National State of Disaster and ordered the country to lockdown, there was a predicted […]