IS VOETSTOOTS CLAUSE STILL VALID AND ENFORCEABLE?
The term “voetstoots”, a principle found in common law, meaning sold “with a shove of the foot”. Some buyers may not be mindful of this, when you buy something, there is an implied warrantee that the thing sold is free from any defects. It is however possible that one can contract out of this implied
Read MoreThe Prescription Of Debt – When You Can’t Be Forced To Pay
By President Sambo Prescription is a rule of law that is designed to extinguished claims/debts. It’s regulated by the Prescription Act 68 of 1969 (“the Act”). A debt, which is described as the payment of money or delivery of goods or services, will prescribe after the lapse of a certain time period. This means that
Read MoreThe Law On Contempt Of Court
By: President Sambo The basic functions of our courts are to interpret and apply the law, resolving disputes referred thereto. Section 165(5) of the Constitution of the Republic of South Africa provide that court orders are binding on all persons and organs of state to which it applies. So often we have cases where court
Read MoreHow To Change From ‘In’ To ‘Out’ Of Community Of Property
More often than not couples rush into marriage before understanding the operation of the following matrimonial property regimes (In Community of Property’ and Out of Community of Property with or without the accrual system) and before they realise it, they are bound by South Africa’s default matrimonial property regime which is that of ‘In Community of Property’. This
Read MoreDIVORCE ORDER AND PENSION / RETIREMENT FUNDS DIVISION
Divorce can be an emotional and at times challenging experience, not only do you have come to terms with the end of a life-long partnership, but also the difficulties of dividing properties accumulated during the marriage. Division of the marriage estate is an unavoidable consequence of Divorce, how the estate shall be divided will depend
Read MoreELECTRONIC SIGNATURES IN TERMS OF SOUTH AFRICAN LAW
We live in a changing world; technology have transformed the traditional methods of conducting businesses. The outbreak of COVID-19 left many businesses with no choice but to rapidly deviate from the usual method of operation and adopt using data messaging and electronic forms of communication. The most basic method of authenticating documents or giving consent
Read MoreSTAND UP AGAINST GENDER BASED VIOLENCE
Since the scourge of the Covid-19 pandemic which resulted in the country being placed under lockdown, not only have we seen an increase in the amount of people being infected by the virus but also the amount of gender based crimes against Women and Children . A lot of women and children have no other
Read MoreCAN I HOLD MY EMPLOYER LIABLE FOR CONTRACTING COVID-19 AT WORK?
South Africa has now downgraded to Level 3 of the National Lockdown and more businesses are allowed to operate under this level. This results in more workers returning back to work, it has in fact been reported that approximately eight (8) million people are due to return to work under level 3. The opening of
Read MoreIS A POST-NUPTIAL CONTRACT, SIGNED BETWEEN HUSBAND AND WIFE WITHOUT A COURT’ SUPERVISION VALID AND ENFORCEABLE? THE CONSTITUTIONAL COURT
IS A POST-NUPTIAL CONTRACT, SIGNED BETWEEN HUSBAND AND WIFE WITHOUT A COURT’ SUPERVISION VALID AND ENFORCEABLE? THE CONSTITUTIONAL COURT Introduction The Constitutional Court has dismissed an application which sought an answer as to whether or not a post-nuptial contract entered into by the Parties during their marriage without a court’ supervision is valid and enforceable?
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