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Plaintiff beware the perils of suing for defamation
The law of defamation aims to protect a person’s right to an unimpaired reputation. But the history of defamation law reveals a sober warning to
Restraints of trade – latest developments
Whether or not a court will enforce an agreement in restraint of trade is case-specific. The court must balance the importance of ensuring that contracts
Interdicting the Media – A Losing Strategy
When faced with the prospect of being implicated in a story by an investigative journalist, many influential business people instruct their lawyers to urgently apply
The Prescription Act and Judgment Debt – Good News for Creditors, Bad News for Sureties
A judgment against a surety prescribes only after 30 years The Prescription Act and Judgment Debt – Good News for Creditors, Bad News for Sureties
Shareholder, Know Your Rights
Letseng Diamonds was a shareholder in JCI Ltd. It tried, unsuccessfully to set aside an agreement concluded between JCI Ltd and Investec Bank Ltd. Shareholder,
AFSA Dispute Resolution Clause
To avoid having to go to court in the event of a dispute, contracts with your suppliers, etc, should contain a deadlock clause AFSA Dispute
Piercing the corporate veil
Both the Close Corporations Act and the Companies Act have similar provisions that grant a court power to attach personal liability for the debts of
The binding effect of marriages in community of property
Can one party in a marriage in community of property bind the joint estate without the consent of the other party to the marriage? In
New court judgment affects commercial and residential properties
Landlords should carefully check their mortgage agreements on both commercial and residential properties. If they contain a cession of rentals they need to obtain the
Duty to Mediate
There is a duty on parties to a dispute to attempt to mediate the dispute and an obligation on opposing attorneys to encourage mediation, before
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