Spoliation is the wrongful deprivation of anothers right of possession. The aim of spoliation is to prevent self-help. It seeks to prevent people from taking the law into their own hands … The cause for possession is irrelevant – that is why a thief is protected … The fact that possession is wrongful or illegal
Landlord vs Tenant: When Can You Cut Electricity or Change the Locks? Read More »
“The number of cases of dementia is estimated to almost triple by 2050” (World Health Organisation) Although the actual prevalence per capita of dementia is reportedly on the decline, aging populations ensure that it is becoming more and more of a problem in society – for older people, their families and caregivers. If someone close
Dementia and Incapacity: What is a Power of Attorney and is it Forever? Read More »
“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
Security Complexes and Fibre – You Can Use Telkom Ducting After All Read More »
“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 must base
How Courts Sort Fact from Fiction – A Tale of Jags, Deception and Damages Read More »
Times are hard, and although hopefully we are now seeing the first green shoots in our economy, there has never been a better time to improve your relationship with money and the state of your finances. Have a look at these website articles for ideas on how to make a start – “No more fighting
Your Websites of the Month: Tips to Manage Debt and Master Your Money Read More »
“Where there’s a will, I want to be in it” (Anon) Your will (“Last Will and Testament”) is quite possibly the most important document you will ever sign. Without a properly-executed will you put your loved ones at risk of financial and emotional hardship, you forfeit your right to nominate who administers your deceased estate,
“A verbal contract isnt worth the paper its written on” (Samuel Goldwyn) Verbal agreements in South Africa are generally as binding and valid as written ones. Of course not recording your agreements in writing is a bad idea – oral agreements are a recipe for doubt and dispute, and proving the exact terms agreed on
“…the employer has a duty to investigate all possible alternatives short of dismissal, and this duty accords with the onus of proving the fairness of the dismissal” (extract from judgment below) An employee who fails to perform adequately at work is by definition not fulfilling his or her side of the employment bargain, but that
What is Poor Work Performance? A Case of Missed Sales Targets Read More »
“…the Act is consumer-protection legislation designed to offer protection against incompetent builders and the construction of homes having structural defects” (extract from judgment below) In order to promote housing consumer rights, home builders (including residential property developers and builder/contractors – an “owner builder” may apply for exemption) must, in terms of the Housing Consumers Protection
Home Builders – Your Contractor Must Register with the NHBRC Read More »
A journey of a thousand miles begins with a single step (Laozi) Many of us dream of starting up our own thriving businesses. But it’s an ambition that few actually attempt, let alone achieve, and no wonder – it’s scary going out on your own, and there are many challenges awaiting you on the long
Your Website of the Month: Video Guides to Starting Your Own Business Read More »
