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Understanding Prescription Laws in South African Medical Malpractice Cases
Explore the intricacies of the Act and its impact on medical malpractice claims. Learn how prescription laws affect minors, individuals with severe disabilities, and the
Transacting With Trusts And Trustees – Shepstone & Wylie Case Analysis
Be Careful When Transacting with Trusts and Trustees – Shepstone & Wylie Case Analysis. Background: Shepstone & Wylie Attorneys filed a lawsuit against a trust
Stemmet v Mokhethi – Commencement of Prescription in Latent Defects Case
Introduction: In the case of Stemmet and Another v Mokhethi and Another, heard on October 4, 2023, the South African Supreme Court of Appeal (SCA)
Dealing With A Usufruct In the Sale of Bequeathed Immovable Property Due to Estate Illiquidity
A client asked: where the surviving spouse holds a life usufruct over a property, what is the position if the executor needs to sell it
Understanding Delict: Categories of Damages
Introduction: Delict, often termed a “civil wrong,” governs situations where one seeks compensation for harm. Three primary harm categories exist: patrimonial (financial losses), non-patrimonial (non-financial
General Principles of Restraint of Trade in South Africa: the Kleynhans case
Summary The case of Micros South Africa (Pty) Ltd and Others v Kleynhans and Others involves an urgent application for interdictory relief to enforce a
Dealing With A Usufruct In The Sale Of Bequeathed Immovable Property Due to Estate Illiquidity
Introduction: A client asked: where the surviving spouse holds a life usufruct over a property, what is the position if the executor needs to sell
South African Intestate Succession Law for Sole Surviving Descendants
Introduction: A South African citizen approached me seeking clarity on the legal situation after her father’s passing in 2022. Her father had no will, and
Understanding the Withholding of Pension Benefits
Introduction to the Pension Funds Act: The Pension Funds Act plays a crucial role in safeguarding pension benefits, aiming to prevent individuals from relying solely
Mediation : A Full Guide With Bregman Moodley Attorneys
Mediation: A cost-effective path to conflict resolution In the realm of dispute settlement, alternatives to the traditional and often protracted litigation process have gained significant
Bitventure Consulting v Carina Smit: Making Sense of Notice Periods
The Background: Bitventure Consulting, a company that provides consulting services to government departments and public entities, hired Carina Smit as a senior consultant. When Carina
Reselling Property at a Lower Price: Damages Incurred in Second Sale Contracts
Examining the case of Klopper N.O and Others v Marais and Another Introduction: Contracts for the sale of a property often contain a clause stating