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 […]
Leases, Contracts and COVID-19: What is Force Majeure? Read More »
“It is unquestionable that an owner of land is not permitted to perform activities which contravene the restrictive title conditions or the zoning restrictions” (extract from judgment below) You decide to open a home business, or perhaps you are about to buy a house in order to run a business from it. You apply for
Running a Business in a Residential Area – Check Your Zoning First! Read More »
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
Your Written Contract Should Cover Everything – No Oral Evidence Allowed! 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 »
“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
“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
“Agree, for the law is costly” (wise old proverb) The cost, delay and risk of contested litigation sometimes makes it sensible to rather try to resolve a dispute with mediation. Ask your lawyer for advice on whether your dispute is a suitable one, and if so be aware that in addition to the option of
Your Website of the Month: Coming Soon – More Courts Offering Mediation Options Read More »
“There’s no such thing as a free lunch” (Economist Milton Friedman) In these days of online banking and electronic payment, it’s not uncommon to find out to your horror that you have made a payment to someone in error, either to the wrong recipient or in an incorrect amount. If that happens to you and
Accidentally Paid the Wrong Person? Lessons From a R862k Banking App Error Read More »
It is the duty of an employee when rendering his or her services always to act exclusively in the interest of the employer … an employee is not entitled to use his or her employment relationship with the employer without the employer’s permission to make a profit or earn commission for his or her own
Employers: When Should You Sue Rogue Employees? A R33m Example Read More »
Believing someone to be guilty of a crime you call the police and have the suspect arrested, only to have the charges dropped. Can you be sued for defamation? A recent High Court case provides some answers. A fraudulent iPad order, an arrest and a R1.6m claim A government employee was, at the instigation
Reporting Crime and the Defamation Danger: Lessons from the Workplace Read More »
