LITIGATION ARTICLES
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Validity of a Deed of Sale Accepted After the Offer Had Lapsed
The Court had to decide whether there was a binding agreement even though the seller accepted the offer late (i.e. after the date provided for
Estate agents liable to buyer for defects in property
What is the legal position if a house has defects, such as rising damp? Can the buyer look to the seller and/or the estate agent?
Damages Claims
In order to succeed with your claim, you must prove one of two things. You must either prove that you have a contractual claim against
Highest court recognises patients’ rights to choose medicine
Pharmaceutical companies will have to be more careful when choosing names for medicines so as to ensure that there is no possibility of confusion with
What is a calendar month?
A contract of employment usually states that an employee must give a calendar month’s notice. What does this mean? E.g., may an employee tender his
What is a reasonable cancellation fee when cancelling a lease agreement?
The CPA also protects the landlord by providing that the landlord may reclaim from the tenant any amounts owed in terms of the lease agreement
Transferability of Obligation to Pay Levies on Sectional Title Unit to Purchaser / New Owner
When are sectional title owners liable to pay special levies? One must distinguish between levies voted on at an AGM and Special Contributions. This is
Suspensive clauses in sale agreements
The Court held in this case that the Defendant had not established that the Plaintiffs had waived the suspensive condition, thus the sale agreement had
SA Judge approves service of court papers using Facebook
In a groundbreaking judgment, a Durban High Court Judge has allowed a Plaintiff to serve a court process on the Defendant’s social networking Facebook page.
The law of contract, the Consumer Protection Act and medical malpractice law
The purpose of this article is to explore if the Consumer Protection Act 68 of 2008 (CPA) will influence how the courts will look at
Validity of oral variations
Any changes, variations or amendments to an agreement must be reduced to writing and signed by all the parties to the agreement. As a matter
Interest and the in duplum rule
The in duplum rule as developed in our law, provides inter alia that interest due in respect of certain debts ceases to run when it