Compulsory court-annexed mediation provides that whenever an appearance to defend is instituted in civil proceedings, the matter is referred to mediation in an attempt to settle the dispute. In the event of the parties being unable to settle, the mat ...
WHEN DOES A CLAIM PRESCRIBE?
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The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Court. On 28 May 2015 the Suprem ...
SHOULD YOU ASK FOR A RISK SURVEY FROM YOUR INSURER?
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In a recent unreported decision in the High Court of South Africa, North Gauteng High Court, the Court was again faced with the principles regarding disclosure of material information by an insured to its insurer. What is interesting about this case ...
TRUE LOVE, OR EASY PAYCHECK?
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The issues that are dealt with in this article is whether a partner is entitled to maintenance from the other partner in terms of a Divorce Order if the partner that is asking for maintenance, is living with / or has a new relationship, where that pa ...
DO’S AND DONT’S OF SURETYSHIP
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On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger, the Supreme Court of Appeal (SCA) set out the importance of, firstly, expressly pleading a suretyship clause in a plaintiff’s particulars of claim and, secondly, ensuring that the ...
PUBLIC NUISANCES: LEGAL RIGHTS IN TERMS OF LEGISLATION
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Persons who commit disruptive acts of unacceptable behaviour in public places may be warned, arrested and subsequently prosecuted by the authorities. The offender shall be liable for a fine, imprisonment or both upon conviction. How is this enforceme ...
WHEN IS A TENANT AN ILLEGAL OCCUPANT?
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Where the Contract of Lease is breached in any way by the tenant and he or she after receiving notice thereof has not remedied such a breach within the period agreed upon, then the landlord may cancel the contract. The tenant will be found to be an ...
SPORT INJURIES: WHO IS LIABLE?
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Contact sports often lead to the players thereof being seriously injured. Can anyone be held liable for these injuries or are the players taking an inherent risk when participating in these sports? Case law has established some important principles w ...
THE SEQUESTRATION PROCESS
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The sequestration process involves a Court Application. The Applicant in the Application is either yourself for your own sequestration (voluntary surrender) or the Applicant is one of your creditors (either a friendly or aggressive creditor). The app ...