Your written contract should cover everything – No oral evidence allowed!
Here’s another warning from our courts to make sure that all your contracts are properly drawn to reflect both accurately and fully what you have agreed to. The problem with leaving anything out – or agreeing to something that isn’t then fully recorded in your contract – is a principle in our law known as […]
How courts sort fact from fiction – A tale of Jags, deception and damages
“Truth will out” (Shakespeare) You are wondering whether you can win in court against an opponent where your two versions of what happened are totally at odds with each other. How will a judge decide where the truth lies? It’s an important question because even though you know you are telling the truth, the court […]
Security complexes and fibre – You can use Telkom ducting after all
“Reliable electronic communications go beyond just benefiting the commercial interest of licensees to the detriment of ownership of property. The statute [Electronic Communications Act] is designed to avoid this no-winner conflict. What it seeks is to bring our country to the edge of social and economic development for rural and urban residents in a world […]
How to stop vital evidence being destroyed
“Surprise the enemy” (Sun Tzu in ‘Art of War’) You suspect that someone you are suing (or about to sue) will destroy or hide vital evidence in their possession. Perhaps by shredding documents or deleting electronic records supporting your case, or perhaps by spiriting away computer hard drives full of incriminating information. You fear that […]
Directors at war and the liquidation option – A tale of sibling rivalry
“Family quarrels are bitter things. They don’t go according to any rules” (F. Scott Fitzgerald) A company’s directors have both the power and the duty to manage the company’s affairs for its benefit. When two or more directors are in place, it’s perhaps natural for the occasional disagreement to arise between them. Indeed, regular expression […]
Are your suretyships enforceable? A R5.5m lesson for directors and creditors
“Some people use one-half their ingenuity to get into debt, and the other half to avoid paying it” (George Prentice, newspaper editor and author) You are owed a lot of money by a company that goes into business rescue. The business rescue plan provides for creditors like you to accept a dividend of only a […]
Small Claims Courts – From 1 April you can sue for up to R20,000
The monetary jurisdiction of Small Claims Courts has been increased from R15,000 to R20,000 from 1 April 2019. Not all claims can be pursued in a Small Claims Court – Claims over R20,000 must be pursued in the ordinary courts (you can if you like reduce a larger claim to the R20k to avoid having […]
Your dog, cat or cow (even your bees) could cost you millions
“Ignorance is Dangerous” (Internet meme) Our law will generally hold you liable for damages only if someone else can prove that you caused them loss/damage/injury through your “fault” (intent or negligence). That seems fair and logical – if it’s your fault, you pay. If however the loss was caused by your animal/s, you are in […]
Traffic fines and admissions of guilt – Will they earn you a criminal record?
“We must not make a scarecrow of the law” (Shakespeare) A criminal record, even for a minor offence from decades back, comes with very serious and lifetime consequences. It will hang around forever, just waiting to ambush you when you apply for a job, or a travel visa, or a firearm licence. So acquiring a […]
Private schools and parents behaving badly: The expulsion option
“…it can hardly be in the best interests of all concerned for this family to remain at the School” (Extract from judgment below) With the new School Year now well under way, let’s have a look at a recent court decision of interest to all schools, parents and learners. Importantly, this case involves not a […]