LITIGATION ARTICLES
Take caution before posting: social media and defamation
Facebook, Twitter, LinkedIn and Google+ have become the most effective and immediate way of conveying information. There are, however, some pitfalls that come with being
Can a defendant ask a plaintiff company to put up security?
Until the arrival of the Companies Act 71 of 2008 (the Act) a defendant could have asked an incorporated company as plaintiff in litigation, to
Is an unregistered marriage contract binding on the parties?
In a recent case heard in the High Court of KwaZulu-Natal, (KS v MS [2015] JOL 33262 (KZD)), in a divorce action between the parties, two issues were
Can I claim for damages if I slipped and broke my ankle?
What is the test for negligence? In the case of Klassen v Blue Lagoon Hotel and Conference Centre the court had to decide if a
RH v DE Adultery no longer actionable
“In the light of the changing mores of our society, the delictual action based on adultery of the innocent spouse has become outdated and can
The Privilege Checklist
Due to the expanding role that attorneys play in their client’s businesses today and the general proliferation of documentation, it is necessary for businessmen to
Contracting With Foreigners
A choice of South African law as the proper law of the agreement is enough evidence of an intention to consent to South African jurisdiction.
The implications for a patient signing an indemnity before admittance to a hospital
If you sign an indemnity before an operation, are the hospital, doctors or staff liable if negligence occurs? The implications for a patient signing an
Actions and applications: forms of court proceedings
There are two forms of legal proceedings in our civil court system: actions (“also known as ”trials“) and applications (also known as ”motion proceedings“). Each
“Non-variation” clauses that can be varied
The non-variation clauses that are found in so many contracts can have loopholes that render them useless. The end result is that your contracts can
Representation in Court – Legal or Not?
The courts may permit a one-person company to be represented at a court hearing by its alter ego. However it must be stressed that this
Poor Reference Check Results In Damages
A Canadian court found Drake International liable in damages for not properly screening a candidate that turned out to have a history of fraudulent activities.