LITIGATION ARTICLES
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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
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
South Africa’s Triumph for Press Freedom: Repealing Criminal Defamation Laws
The repeal of criminal defamation in South Africa, enacted through the Judicial Matters Amendment Act No. 15 of 2023, is a significant advancement for press
Penalty Clauses in Restraint of Trade Agreements: The Case of Braddon Mc Cleland
Introduction In the Braddon Mc Cleland (Pty) Ltd t/a Network Associates v Calvin Le Roux case, the Eastern Cape High Court grappled with the enforceability
Mafisa v Road Accident Fund and Another: Courts Cannot Unilaterally Amend Settlement Agreements
Introduction In the judgment of Mafisa v Road Accident Fund and Another, handed down on April 25, 2024, the Constitutional Court addressed a significant legal
Enforceability of Restraint of Trade Clauses
In the realm of South African law, the enforceability of restraint of trade clauses has recently been tested in the case of Epic Outdoor Media
Validity Of Virtually Signed Affidavits
Ed Food SRL v Africa’s Best (Pty) Ltd (2022/1245) [2024] ZAGPJHC 1619 (14 March 2024) Introduction: The Respondent challenged the Applicant’s founding and confirmatory affidavit
Are Signatures Required On a Contract Or Agreement Of Sale?
In the realm of legal agreements, the necessity of witness signatures on contracts or agreements of sale is a common question. Often, there’s ambiguity surrounding
Unjust Enrichment in South African Law: Understanding the Requirements and Recent Legal Interpretations
Introduction: Unjust enrichment in South Africa refers to a legal concept where one party is enriched at the expense of another in a way that
Misrepresentation in Contracts: Understanding Your Rights, Remedies, and Implications for Contractual Relationships in South African Law
Introduction: In the realm of contracts, misrepresentation can lead to significant complications and disputes. It occurs when one party makes a false statement that influences
Legal Duty To Ensure Safety Of Exterior Premises
Pieterse v FLM SA (Pty) Ltd and Others Introduction: In the case of Pieterse v FLM SA (Pty) Ltd and Others, the court examined the