LITIGATION ARTICLES
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
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)