LITIGATION ARTICLES
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
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