LITIGATION ARTICLES
Duty to Mediate
There is a duty on parties to a dispute to attempt to mediate the dispute and an obligation on opposing attorneys to encourage mediation, before
Court cannot order return of son from China, says judge
As China is not a signatory to The Hague Convention on International Child Abduction, it is not bound by procedures to expedite child custody cases
Personal liability as a member of a deregistered CC
A recent decision confirmed that members of a Close Corporation will be personally liable for the debts of the CC that remain unpaid at the
What is Emancipation?
A child becomes a major in the eyes of our law when he or she turns 18. When can a minor (a child under 18)
A trustee’s authority to act on behalf of a trust
A trustee’s authority to act on behalf of a trust The trustee who signs a sale agreement must be authorised to sign on behalf of
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