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June 10, 2024

Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On

“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent […]
June 10, 2024

Contracting with Trusts – Is a Majority Resolution Valid?

“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 […]
June 10, 2024

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling […]
May 2, 2024

In the Land of the Will, Clarity is King

“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 […]
May 2, 2024

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

“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 […]
May 2, 2024

Rising Damp and Failed Waterproofing: How to Sue the Sellers

“[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 […]
May 2, 2024

The Pothole Plague – Claiming Damages

“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 […]
March 28, 2024

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

“…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 […]
March 28, 2024

When to Lawyer Up

“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 […]
March 28, 2024

Intellectual Property Challenges in the Age of Generative AI

July 19, 2018

Insolvency Law: Suing an Insolvent Debtor

Your debtor owes you a fortune, but when his estate is sequestrated there is nothing in his own name. However you find out that he is trustee of a wealthy […]
June 15, 2017

How to freeze your dodging debtor’s assets

“Pyrrhic victory”, n.  A victory gained at such great cost that it is actually a defeat Joe Debtor owes you a fortune but does everything he can to frustrate your […]
April 11, 2017

Creditors: When can you use a liquidation application to collect debt?

“Creditors have better memories than debtors”(Benjamin Franklin). When you are struggling to recover your money from a recalcitrant debtor company, applying for its liquidation can be a very powerful collection […]
June 2, 2016

Credit Providers: NCA Registration Threshold Reduced To Nil

If you are a credit provider and required to register as such in terms of the NCA (National Credit Act), not doing so can have drastic consequences for you.  For […]
April 30, 2015

Differences between liquidation and sequestration process

The application for liquidation and sequestration processes are often confused. Many people think that the processes are the same. However, there is a big difference between these two processes. A […]