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Understanding Rouwkoop vs. Penalty Clauses: Legal Differences and Implications in South African Law
Introduction In contract law, “rouwkoop” and “penalty clauses” serve different purposes, and it’s important to understand their distinct functions to avoid legal pitfalls. This summary
South African Courts and the Enforcement of Foreign Judgments: Key Lessons from Lindsey v Conteh
Introduction In the realm of international commerce and litigation, the enforcement of foreign judgments plays a crucial role in ensuring that legal decisions made abroad
Uninsured? Know Your Rights Under Third-Party Insurance Law
A client asked: “I would like to request your assistance regarding how third-party insurance works. My neighbour’s car reversed into my parked car in the
Landmark ConCourt Judgment Reinforces Employee Rights in Transfer Case
Introduction The case of Africa Online Operations (Mauritius) Limited v Scanlon and Others has emerged as a landmark decision by the Constitutional Court of South
Same-Sex Marriages, Civil Unions, and Domicile Law in South Africa
Introduction Understanding the legal implications of marriage, particularly when it involves parties from different countries, can be complex. In South Africa, the law that governs
Building Plan Disclosure in South African Property Sales: Legal Obligations and Implications
Introduction: When engaging in property transactions in South Africa, the spotlight typically falls on essential contract terms such as party capacity, property description, and purchase
A Landlord’s Tacit Hypothec in Business Rescue: The Case of Ergomode and Sakhile
Introduction to the Legal Principles A landlord’s tacit hypothec is a common law form of real security that allows landlords to claim movable property of
Supreme Court of Appeal Rules on Binding Nature of Expert Report in Oil Metering Dispute
A discussion of Krohne (Pty) Ltd v Strategic Fuel Fund Association (476/2023) [2024] ZASCA 99 (14 June 2024) Introduction This article discusses a legal dispute
Pillay v Moonsamy: Encroachment and Removal of a Roof
This article examines the case of Pillay and Another v Moonsamy and Another heard in the Kwazulu-Natal High Court, Durban. Introduction to Encroachment Law Encroachment
Understanding Judicial Recusal in South African Law
In South African law, the recusal of a judge refers to the process by which a judge is disqualified from presiding over a case due
Exploring Arbitration and Mediation Services: Effective Solutions for Legal Conflicts
Legal conflicts can be complex, time-consuming, and emotionally draining. Traditional litigation is often considered the go-to method for resolving disputes, but it can be costly,
Compounding Of Certain Minor Traffic Offences
Question: How does compounding for certain minor offences work in South Africa? Answer: In respect of section 341 of the Criminal Procedure Act, the process