Chris Fick & Associates

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The latin phrase “beneficium ordinis seu excussion” is legal speak for the exception that a creditor must proceed against a principal debtor for payment before proceeding against a surety or subsidiary debtor. Advocate to the Judge: “My Lord, there has been excussion against the principal debtor, who has no assets. The creditor is therefore proceeding […]

Home businesses – Is yours legal?

The sharp upsurge in businesses operating remotely as a result of the pandemic lockdowns means a lot more people working from home – most presumably in low-profile home offices, but inevitably some in the form of full-on business activities from home. What effect is that having on the property market? Work-from-home and what’s hot in […]

Directors and business rescue in the time of COVID-19

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 bankruptcies to surge for some time to come, and the domino effect will multiply the numbers until our […]

Leases, contracts and COVID-19: What is Force Majeure?

The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard. And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to pay the agreed rental. What follows is of necessity a […]

Your website of the month: 5 Steps to business success

Perhaps you are an employee, dreaming of starting up your own business. Or an entrepreneur looking to leverage your practical experience into another successful start-up. Or perhaps you are the CEO of a multinational planning to launch a new venture. Small business or big, here’s a quick, practical read for you covering “what many spend […]

Lending money repayable “on demand”: Beware prescription!

“…prescription started its deadly trudge on the day the loan at issue in these proceedings was advanced” (extract from judgment below) You will know that most debts prescribe (become unclaimable) after 3 years, so as a creditor you need to know exactly when it starts running. From that moment on, the clock is ticking… A […]

The R1m buffalo that died: A lesson in passing of risk

We buy and sell things every day, and no doubt most of us assume that it is only when we become the owner that we take the risk of our purchase being damaged or destroyed. Not always – in our law, passing of ownership and passing of risk are two different concepts, and although in […]

Attorneys selling properties: The ARH website is up and running!

The ARH website is now live: Who should join this? Attorneys who want to market and sell the properties of their clients. What does the website offer? It offers proptech tools and guidance for attorneys to market and sell properties better, easier and more cost efficiently. What does it cost? Right now it will […]


“Cheops’ Law: Nothing ever gets built on schedule or within budget” (Robert A. Heinlein) Hopefully you won’t have to wait 20 years for your new dream home to be built – that’s how long Cheops (ancient Egyptian Pharaoh) had to hang around twiddling his thumbs whilst his Great Pyramid of Giza was going up – […]