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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 amount to fraud” … “a willful abstention from establishing the true facts does not constitute a...
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 losses. A recent High Court victory for a motorist claiming R8.6m in damages confirms yet...
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 informal sort of thing to do. But beware – if relations sour and your friend/relative can’t or won’t repay you,...
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 home, pay for it, take transfer into your name, and move in. But then disaster strikes. The...
Who Owns Your Employee’s Invention? Lessons from the “Please Call Me” Saga
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...
How to Safeguard Your Digital Presence: A Simple Checklist for Website Compliance
“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...
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 of his characters utter that threat, but the reality is that every aspect of our lives is touched at...
How to Protect Your Children’s Inheritances from Ending Up in the Guardian’s Fund
“Live each day as if it were your last… because one day, you’ll be right.” (Benny Hill) It’s always tempting to procrastinate about decisions that force us to address the inevitability of our own mortality. But we have no choice when it comes to protecting our loved...
Landlords: You Cannot Cut a Defaulting Tenant’s Water and Electricity
“A fundamental principle in issue here is that nobody may take the law into their own hands. In order to preserve order and peace in society the court will summarily grant an order for restoration of the status quo where such deprivation has occurred, and it will do...
A Dishonest “I’m Too Sick to Come to Work” Excuse is a Firing Offence
“…an employment relationship is predicated on trust” (Extract from judgment below) Our courts have once again confirmed that dismissal is justified when employees lie about their state of health in order to get sick leave. A recent Labour Court case provides a perfect...