Blog

27
May

Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On

“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent to find you one, or a landlord employing an agent to let out your property. Whatever the transaction involved, make sure that the agency mandate is in writing. The problem

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27
May

Cannabis Policies in the Workplace: A Delicate Balancing Act

“It is declared that the [employer]’s Alcohol and Substance Abuse Policy is irrational and violates the right to privacy in section 14 of the Constitution, to the extent that it prohibits office-based employees that do not work with or within an environment that has, heavy, dangerous and similar equipment, from consuming cannabis in the privacy of their homes.” (Court order,

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27
May

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

Article courtesy of Law Dot News | Family Law - Domestic Violence Protection Order Can You Get a Domestic Violence Protection Order? “It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling rivalry escalates into physical or psychological abuse, victims
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27
May

Contracting with Trusts – Is a Majority Resolution Valid?

Article courtesy of Law Dot News | Contracts | Property | Trusts Contracting with Trusts – Is a Majority Resolution Valid? “Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal
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25
Apr

In the Land of the Will, Clarity is King

Article courtesy of Law Dot News |Wills and Estate Planning In the Land of the Will, Clarity is King “The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some
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25
Apr

Rising Damp and Failed Waterproofing: How to Sue the Sellers

Article courtesy of Law Dot News | Property Law Rising Damp and Failed Waterproofing: How to Sue the Sellers “[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true

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25
Apr

The Pothole Plague – Claiming Damages

Article courtesy of Law Dot News | Delict and Civil Claims The Pothole Plague – Claiming Damages “If cars are required to be roadworthy, shouldn’t roads be required to be car-worthy?” (Online meme) If you fall victim to a pothole-infested road, don’t hesitate to sue for your losses. A recent High Court victory for a motorist claiming R8.6m in damages
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25
Apr

Lending to a Friend or Relative – When Must You Register as a Credit Provider?

Article courtesy of Law Dot News |Credit Law Lending to a Friend or Relative – When Must You Register as a Credit Provider? “In life, we never lose friends, we only learn who the true ones are” (Unknown) Lending money to a friend or family member in need sounds like a natural and informal sort of thing to do. But
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25
Mar

Property: Why Do You Need an Occupancy Certificate Before You Buy?

Article courtesy of Law Dot News | Property Law - Occupancy Certificate Property: Why Do You Need an Occupancy Certificate Before You Buy? “…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take transfer into
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25
Mar

Who Owns Your Employee’s Invention? Lessons from the “Please Call Me” Saga

Article courtesy of Law Dot News | Dispute Resolution Who Owns Your Employee’s Invention? 24 April 2024 is ‘World Intellectual Property Day’. It’s “an opportunity to explore how intellectual property (IP) encourages and can amplify the innovative and creative solutions that are so crucial to building our common future.” (The UN’s World Intellectual Property Organization) It’s a case that has
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