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//B Lubbe & Associates

Buying a Business? Make Sure the Seller Publishes Notice of the Sale

26 Aug 2020
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“The purpose of the legislature in enacting s 34(1) is to protect creditors by preventing traders who are in financial difficulty from disposing of their business assets to third parties who are not liable for the debts of the business, without due advertisement to all the...

Options to Renew Leases – Risks for Landlords and Tenants

26 Aug 2020
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“It is only where the enforcement of a contractual term would be so unfair, unreasonable or unjust so as to be contrary to public policy that a court may refuse to enforce it” (extract from first  judgment below) Leases often give tenants an option to extend or renew at the...

Website of the Month: Protecting Yourself from SIM-swap Fraud

26 Aug 2020
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Fraudulent SIM swaps were involved in around 13,300 reported digital banking fraud incidents across online and mobile banking and banking apps in 2019 (up 16% from 2018) and all indications is that the lockdown will see another spike in incidents. Read “What to do if you are a...

Property: Green Shoots, Agent’s Commission and Fidelity Fund Certificates

28 Jul 2020
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“Ninety percent of all millionaires become so through owning real estate. More money has been made in real estate than in all industrial investments combined. The wise young man or wage earner of today invests his money in real estate” (Andrew Carnegie, billionaire industrialist)...

The Pandemic and Business Interruption Cover – Can You Claim?

28 Jul 2020
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“…it must be asked whether, but for the Covid-19 outbreak, the interruption or interference to the Applicant’s business would have occurred when the Lockdown Regulations were promulgated” (extract from the judgment below) It’s no surprise that our media has been awash with...

Lockdown “Admission of Guilt” Fines – The Criminal Record Risk

28 Jul 2020
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Breaking any of our lockdown laws can be an expensive business, risking heavy penalties.  If you are accused of a contravention and offered the option of paying an “admission of guilt” fine to avoid a court appearance, beware! It may seem like the easy way out to pay up and...

Property Subsidence: New Law, Strict Liability and Ubuntu

28 Jul 2020
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“…every landowner has a right to the lateral support and where subsidence or other destabilisation occurs, as a result of excavations on an adjacent property, the owner of the adjacent property will be liable in an action for damages irrespective of whether she was negligent or...

Websites of the Month: Why and How to Encourage Whistleblowing in Your Workplace

28 Jul 2020
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Our law (in the form of the Protected Disclosures Act) encourages employees to disclose unlawful or irregular conduct in their workplaces without fear of reprisal.  Why encourage it? “3 Reasons Why Whistleblowing is Important for Public and Private Companies” on the...

Electronic Signatures in Property and Other Transactions

24 Jul 2020
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“To sign a document means to authenticate that which stands for or is intended to represent the name of the person who is to authenticate” (quoted in the case below) We all know that verbal agreements, although fully binding for most types of transaction, are a recipe for...

Directors and Business Rescue in the Time of COVID-19

24 Jul 2020
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“A stitch in time saves nine” (wise old proverb) The COVID-19 pandemic and the resultant lockdown have opened up new avenues of profit for some businesses, but they have also subjected many others to the spectre of business failure.  Unfortunately we can expect the level of...
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