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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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1
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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3
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

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1
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

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2
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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48
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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80
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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650
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
666
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
1
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
3
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
1
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
2
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
48
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
80
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
650
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
666
Article
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Filter: Contract
What print or font is too small for a contract?

07 June 2018

I recently bought a second-hand car from a local car dealership. Not long afterwards the car started giving me trouble.... When I took it back to the dealership, they said it was not their responsibility as the contract I had signed transferred all responsibility to me. They showed me the contract, but most of it was printed so small that I couldn’t even read it let alone understand it. Surely I should at least be able to read a contract to be bound by it?

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248
Article
Black or blue…? Or red for a bit of variety!

11 April 2016

I’ve often wondered if an agreement must be signed with black ink. What happens if it is signed with a... blue of even red or green pen? Is it invalid?

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319
Article
Can I take my satellite dish with me?

14 April 2015

Mr Purchaser is excited about buying the flat from Mr Seller, more so as the flat comes with an installed... DSTV satellite dish to which he only needs to connect his decoder to watch the Rugby World Cup later this year! Mr Seller however has no intention of leaving his satellite dish behind as he also wants to watch the rugby from his new flat. But can Mr Seller just take his dish, or is Mr Purchaser entitled to have the dish remain behind?

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174
Article
Kan ‘n kontrak regtens deur die stuur van ‘n epos gekanselleer word?

16 March 2015

Met die spoedige ontwikkeling van tegnologie moet enige besigheidsman deesdae nie net op hoogte bly van tegnologiese verwikkelinge nie maar... ook met verwikkelinge in die reg. In die hedendaagse lewe word ooreenkomste gereguleer deur kontrakte wat geteken word deur al die partye. Dit bring na vore die vraag of digitale kommunikasie relevant is vir ons kontraktereg en selfs meer spesifiek, of ‘n party byvoorbeeld ‘n ooreenkoms regmatig kan kanselleer deur die stuur van ‘n epos?

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236
Article
Can you cancel a contract by email?

16 March 2015

Your agreement is signed, sealed and delivered! You know that in the agreement a non-variation clause stipulates that no variation... or consensual termination of the agreement shall be of any force or effect unless in writing and signed by both parties thereto. This clause seems simple enough…. If you want to cancel the agreement, all you have to do is ensure that it is in writing and signed. What can possibly go wrong?

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190
Article
Oral variations of an agreement – are they valid?

16 March 2015

You decide to rent a cottage from a friend to live in his backyard for a year or two. You... both agree that it would be wise to enter into a lease agreement and have the necessary agreement drawn up. Everything goes well until the monthly rental increases as per the agreement. You discuss the situation with your friend who agrees to waive the increase verbally. But is this sufficient and can you legally rely on his word only?

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323
Article
The Contract is silent as to the duration…Is there a way out?

12 January 2015

The contract is signed, the deal made, the future is bright…! Who really cares about how long the contract must... run? A few months later the deal is over, the relationship soured, the future bleak… But the contract is silent as to the duration. Does this spell eternal damnation at the behest of a contract that does not allow for an exit or can a contract which has no express duration clause be terminated?

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288
Article
Beware of buying a house with a pro forma contract

24 August 2014

You’ve received a fantastic offer on your house and, very satisfied you, as the seller, sign the sales contract that... your realtor has drawn up and on which the signature of the buyer already blossoms.  Thank goodness the sale is now valid and binding – or is it? 

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260
Article
The danger of ignoring boilerplate clauses in contracts

24 August 2014

We’ve all seen the standard clauses at the end of a sale or rental agreement or included in the terms... and conditions of your gym membership contract. Headings like ‘jurisdiction’, ‘entire agreement, ‘arbitration’, ‘applicable law’, ‘amendments’, ‘domicilium’, ‘notices’, ‘counterparts’ and more abound and seem to contain extensive legalese in what is often seen as an attempt to bulk up what should be a straightforward agreement. But how important are these boilerplate clauses, and can I just view them as unnecessary contractual ‘bulk’?

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284
Article
Sports contracts: real deal or paper cuffs?

08 July 2014

How often does it happen that we’re up in arms when our favourite sports player just goes off and signs... a new contract with a new club or team? To most of us, it seems disloyal. Aren’t these players bound to their teams by some form of contract? Why do the clubs not enforce these contracts, or are these players ‘above the law’? To answer these questions it is important to understand more about the nature of sport contracts.

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255
Article
Bye-bye exemption clauses?

06 May 2014

When a consumer and supplier conclude a contract, it is easy for a consumer to concern himself with the apparent... key provisions of the contract such as the contract value, duration, payment terms, delivery dates etc. and not focus on clauses dealing with the exemption of liability of the supplier. In the past these exemption clauses were often one-sided, unfair and biased against the consumer prejudicially affecting the rights of the consumer against whom the exemptions were enforced. With the advent of the Consumer Protection Act these clauses have been curbed. But are they completely outlawed, or can contracts still have exemption clauses?

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287
Article
What is meant by a suspensive condition in a contract?

06 May 2014

Most persons that have bought a property, may have noticed a clause dealing with suspensive conditions in the contract of... sale. Usually these conditions relate to deposits that need to be paid, financing that has to be procured and/or another property that needs to be sold before the sale can be confirmed. The interpretation appears straightforward enough - meet the requirements, then the contract is valid;  don’t meet them, then the contract is invalid. But is it that straightforward? And what are the consequences of non-compliance?

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175
Article

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