LITIGATION ARTICLES
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Restraint of Trade Agreements and Business Transfers
Introduction: In the ever-evolving legal landscape surrounding restraint of trade agreements and business transfers, two significant cases, Slo Jo Innovation (Pty) Ltd v Beedle in
Understanding the Shifrin Case and the “Written Variation” Rule in South African Contract Law
Introduction: In South African law, contracts play a pivotal role in regulating agreements between parties. The Shifrin case is a significant legal decision that has
Stemmet v Mokhethi – Commencement of Prescription in Latent Defects Case
Introduction: In the case of Stemmet and Another v Mokhethi and Another, heard on October 4, 2023, the South African Supreme Court of Appeal (SCA)
General Principles of Restraint of Trade in South Africa: the Kleynhans case
Summary The case of Micros South Africa (Pty) Ltd and Others v Kleynhans and Others involves an urgent application for interdictory relief to enforce a
Reselling Property at a Lower Price: Damages Incurred in Second Sale Contracts
Examining the case of Klopper N.O and Others v Marais and Another Introduction: Contracts for the sale of a property often contain a clause stating
Court’s Authority to Compel Journalists to Disclose Sources
When can a court ask a journalist to divulge a source of information? The case of Mazetti Management Services v amaBhungane [2023] 2023-050131 (GJ) (the
Defamation on social media: A Case Study of Hartland v APC Marketing
Explore a notable case of defamation on social media as the Western Cape High Court intervenes, prohibiting a roofing contractor from making defamatory statements and
The Govendor Case: Validity of Electronic Contracts in SA Law
The Govendor Case: Validity of Electronic Contracts in SA Law Electronic Signatures: Recognized as Legally Binding in South African Law Explore the effect of electronic
Superannuation – can a court dismiss a civil action or application for an inordinate delay in prosecuting the matter?
Section 34 of the Constitution provides that everyone has the right to have any dispute that the application of law can resolve, decided in a
The test for foreseeability of harm
Editor’s note: the Plaintiff in this matter chose to sue in terms of common law (also termed as product liability ex delicto). The injured plaintiff
Failure to follow cancellation clauses in a contract.
A party who fails to follow a contractually prescribed termination procedure does so at its peril. In the Supreme Court of Appeal (‘SCA’) case of
When can a settlement agreement be made a court order?
A party’s marriage was shaky, and the husband asked us if they could enter into an agreement recording their marriage’s proprietary and other consequences should