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Contracting with Trusts – Is a Majority Resolution Valid?

27 May 2024
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“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides yet another...

In the Land of the Will, Clarity is King

25 Apr 2024
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“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.” (Quoted in the...

Rising Damp and Failed Waterproofing: How to Sue the Sellers

25 Apr 2024
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“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true facts does not constitute a lack of...

The Pothole Plague – Claiming Damages

25 Apr 2024
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“If cars are required to be roadworthy, shouldn’t roads be required to be car-worthy?” (Online meme) If you fall victim to a pothole-infested road, don’t hesitate to sue for your losses. A recent High Court victory for a motorist claiming R8.6m in damages confirms yet again that...

Lending to a Friend or Relative – When Must You Register as a Credit Provider?

25 Apr 2024
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“In life, we never lose friends, we only learn who the true ones are” (Unknown) Lending money to a friend or family member in need sounds like a natural and informal sort of thing to do. But beware – if relations sour and your friend/relative can’t or won’t repay you, you may not...

Property: Why Do You Need an Occupancy Certificate Before You Buy?

25 Mar 2024
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“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take transfer into your name, and move in. But then disaster strikes. The Municipality...

Who Owns Your Employee’s Invention? Lessons from the “Please Call Me” Saga

25 Mar 2024
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24 April 2024 is ‘World Intellectual Property Day’. It’s “an opportunity to explore how intellectual property (IP) encourages and can amplify the innovative and creative solutions that are so crucial to building our common future.” (The UN’s World Intellectual Property...

How to Safeguard Your Digital Presence: A Simple Checklist for Website Compliance

25 Mar 2024
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“It’s important to remember your competitor is only one mouse click away” (Doug Warner) Your website, social media profiles, and other online platforms play a vital role in your business strategy and in staying ahead of your competition at all times. However, it’s not just about...

When to Lawyer Up

25 Mar 2024
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“The first thing we do is, let’s kill all the lawyers.” (Shakespeare) Shakespeare must have had an unhappy experience or two with the lawyers of his time to have one of his characters utter that threat, but the reality is that every aspect of our lives is touched at one time or...

Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection

26 Feb 2024
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“The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.” (Extract from judgment below) A good offer comes in for your property, so you accept it. But you’re not happy with a few of the terms, so before...
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