LITIGATION ARTICLES
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Conversations recorded without your consent can be used against you
When can conversations recorded without your consent be used against you Today it is so easy for an employer or employee to record a conversation,
Enforcement of Foreign Judgments
Source: Herbert Smith Freehills LLP Which domestic laws and regulations govern the recognition and enforcement of foreign judgments in your jurisdiction? The enforcement
Contract Non-Variation Clause
Is cancellation of a contract by email valid? The tenant of leased premises purported to cancel a lease through the exchange of emails. A non-variation
Can a hotel guest sue for an injured ankle?
A guest slipped and fell in a hotel bathroom and injured his ankle. The court, in Klassen v Blue Lagoon Hotel and Conference Centre had
What is the difference between a suretyship and a guarantee?
ABC (Pty) Limited (the creditor) wants to sell goods for a large amount to XYZ (Pty) Ltd (the debtor, also known as the principal debtor).
The Application (or not) of Ubuntu in Commercial Contracts
In Roazar CC v The Falls Supermarket (232/2017) [2017] ZASCA 166 (29 November 2017) the Supreme Court of Appeal was asked to decide whether a
Must a contract be in writing to be binding?
Elements of a contract A contract consists of an offer by the offeror (the seller or service provider) to the offeree (the buyer or client)
The Registered Office of a Company
Change the registered office of your company! As a result of recent High Court decision, it will no longer be possible for a company to
Boilerplate arbitration clauses
Does your clause cover what you want it to cover? In the case of North East Finance (Pty) Ltd vs Standard Bank of South Africa
Contracts in restraint of trade – the law
An agreement in restraint of trade is prima facie enforceable. The onus rests in the party seeking to avoid a restraint clause to prove that
Naming and Shaming on social media
Beware of publishing a post on Facebook or Twitter and other social media platforms, listing the name of a person (or company) that has committed
What is the legal effect of sending an SMS, instead of a letter, fax or email, to give notice or enforce a contract?
A colleague of mine, Andrew Marshall, of Dingley Marshall Attorneys, wrote this most interesting article: http://www.dingleymarshall.co.za/notice-sms-law/, which he’s happy for me to share. A “data