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Understanding Dog Bite Liability in South Africa: Legal Principles and Case Law Insights
Introduction In South Africa, the legal framework surrounding dog bites is primarily governed by two significant principles: actio de pauperie and actio legis aquiliae. The actio de pauperie imposes strict
Artificial Intelligence in Dispute Resolution: An Emerging Landscape
Introduction: The Promise and Challenges of AI in South African Dispute Resolution Artificial intelligence (AI) is transforming industries worldwide, including the legal sector. In South
South African Contract Law: Reviving Lapsed Agreements and the Pitfalls of Unfulfilled Suspensive Conditions
Introduction to Legal Principles Vantage Goldfields SA (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another, decided by the Supreme Court of Appeal
Suretyship Agreement Validity: Initials as Signatures in South African Contract Law
This article discusses Billion Property Developments v Nevzomark (Pty) Ltd and Ali Ozer, an October 2024 decision. Introduction This case, heard in the High Court
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
Acceptance Of Virtually Signed Affidavits
In VJS v SH, the Western Cape High Court supported the remote commissioning of affidavits. See also our article on Ed Food SRL v Africa’s Best (Pty)