Vicarious liability
Vicarious liability is “Liability assigned to an employer or other principal for his agent’s or employee’s acts performed in the course of employment or other
December 8, 2022
LITIGATION ARTICLES
Lent your moveable property to someone but can’t get it back?
By Dean Brainin A client lent a trailer to a friend to use on a camping trip. The friend refuses to return it. What can the
June 1, 2022
Electronic signatures and the sale of immovable property
The Electronic Communications and Transactions Act, 25 of 2002 (the ‘Act”) defines an electronic signature as data – “an electronic representation of information in any
May 23, 2022
Defamation and character assassination
BECKER V BRITS [2022] ZAWCHC 44 The plaintiff was a very successful farmer who had farmed in his area for over 20 years and was
March 31, 2022
Dealing with a vexatious litigant?
By Sharusha Moodley, director, Bregman Moodley Inc Attorneys A party to a litigation process may relentlessly launch various legal proceedings against another party currently involved
March 25, 2022
Enforcing settlement agreements by an order of court
When can you ask the court to make a settlement agreement an order of court? In Avnet South Africa (Pty) Limited v Lesira Manufacturing (Pty)
March 4, 2022
Failure to communicate the decision to treat a contract as at an end to repudiating party
Dave Pretorius v Kenneth Bedwell (659/2020) [2022] ZASCA The parties were brothers-in-law. Bedwell owned a property in Oyster Bay in the Eastern Cape. He needed
February 14, 2022
Enforceability of a prenuptial executory donation
DB v CB 2021 JDR 0896 (GP) 2021 JDR 0896 (GP) Marriage — Divorce — Proprietary consequences — Marriage out of community of property —
December 12, 2021
When a buyer can claim damages for a leaking roof
A client asked: I recently bought a house and on taking occupation I noticed that there was a bad leak in the roof that the
November 29, 2021
More about legal costs
A client asked, “If I win my case will I get back all the fees I paid you?” Types of legal costs There are three
November 19, 2021
Defamation – don’t rush into suing
Someone has posted a defamatory statement about you in a WhatsApp group or a Facebook post. You feel understandably upset and want urgently to right
October 21, 2021
Electronic Signatures and Emails
In Spring Forest Trading 599 CC v Wilberry (Pty) Ltd T/A Ecowash and Another , the Supreme Court of Appeal (SCA) ruled that the parties
October 1, 2021