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“Non-variation” clauses that can be varied
The non-variation clauses that are found in so many contracts can have loopholes that render them useless. The end result is that your contracts can
Court Clarifies the ‘In Duplum’ Rule
There has been much debate in the past about the meaning and effect of the in duplum rule. Any uncertainty has been clarified by a
Representation in Court – Legal or Not?
The courts may permit a one-person company to be represented at a court hearing by its alter ego. However it must be stressed that this
Poor Reference Check Results In Damages
A Canadian court found Drake International liable in damages for not properly screening a candidate that turned out to have a history of fraudulent activities.
When is a risk of medical treatment material?
This articles discusses a Supreme Court of Appeal judgment in relation to various tests courts use to determine whether a particular risk should have been
The place for early dispute resolution
Increasingly, clients are asking whether law firms address their business needs for speed, efficiency, risk-reduction and cost containment. In particular, they doubt whether the litigation
Must Sales Of Investment Properties Be Advertised In Accordance With Section 34 Of The Insolvency Act?
It can now be accepted that sales of “letting enterprises” do not have to be advertised in terms of Section 34 of the Act. Must
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