LITIGATION ARTICLES
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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
Understanding Vicarious Liability in South African Law
Imagine your employee crashes your company car while running a personal errand during work hours, and the victim sues your business. Is it fair for
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
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
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
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
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)
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
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 —