LITIGATION ARTICLES
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The enforceability of school trip parental consent forms
A client asked: Are schools completely indemnified against any claims, even when they were negligent? Does an indemnity from give the recipient a “license” not
Dog Bites – What are your rights?
When can you claim damages for patrimonial loss (expressed in money) from a dog owner if his dog bites you and injures you? Two Latin
Some RICA provisions found to be unconstitutional
In the recent Pretoria High Court case of AMABHUNGANE CENTRE FOR INVESTIGATIVE JOURNALISM NPC Judge Sutherland had to consider two discrete questions:- The first is
Marriage in community of property and suretyships
Since the introduction of the Matrimonial Property Act of 1984 (the Act), spouses married in community of property share the same rights regarding the disposal
Criminal Defamation
Is it a crime to defame someone? Before 2009 it was uncertain whether the crime existed in our law. In the case of Hoho v
EFF Losing Defamation Appeal
Guest: Roy Bregman, from Bregman Moodley Attorneys on Cape Talk – The John Maytham Show
When is a post on Facebook defamatory?
In the 2012 case of H v W, heard in The Johannesburg High Court, Judge Willis had to determine if this post on Facebook was
What is defamation?
Defamation occurs If someone unlawfully and intentionally publishes a defamatory statement concerning you that lowers your good name and reputation in the eyes of the
Dealing with Delinquent Directors
For a more detailed synopsis, see the de Rebus article By Rehana Cassim. A director who does not meet the standards of good behaviour and
Business Rescue and Surety
ENS acted on behalf of Investec Bank Limited in an application for summary judgment against a defendant where the defendant had stood surety for the
Tender in Full Settlement
Payments in full and final settlement The question to ask is whether the payment is tendered after a dispute has arisen in respect of which
Legalese Vs Plain Language
Legalese is a pattern of writing that is lengthy, obscure, and intelligible only to lawyers but not the man in the street. Have you seen