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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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7
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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5
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

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2
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

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4
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
7
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
5
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
2
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
4
Article
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Filter: Damages
Why informed consent must be present for medical procedures

29 May 2023

People generally rely on their doctor’s knowledge and expertise when it comes to making an informed decision about treatment or... undergoing a procedure or not. This is a relationship of good faith and trust. Unfortunately, sometimes doctors get it wrong and fail to properly inform their patients of the inherent risks to a treatment or procedure. When does such failure amount to a lack of informed consent?

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124
Article
Terminating a contract – beware of the fine print!

28 February 2023

In the world of contracts, the concluding of a contract is only the beginning of the process. Managing a contract... to conclusion, including navigating all the pitfalls along the way, is just as big a part of the overall success of a contract. In this article we will explore the importance of correctly terminating a contract, as, let’s face it, things don’t always go to plan and you may need to climb out of a bad contract situation. 

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726
Article
Clarity on what you can claim for from the Road Accident Fund

14 April 2022

Quite a few long-weekends are coming up and with thousands of South Africans heading out on our roads during this... period, the worry about the large number of accidents on our roads is again top of mind. It also raises a quite common question of what can you claim from the RAF if you or a family member were injured or died as a result of a car accident on our roads.

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475
Article
Is government liable for an accident at a private nursery school?

10 November 2020

I recently saw an article in the news saying that the Western Cape Department of Social Development was not responsible... for injuries caused to a child in a day care funded by the Department. Surely this cannot be right and the Department should be responsible? 

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436
Article
When is a landowner responsible for a fire that spread beyond his property?

16 November 2017

I own a small holding of a few hectares. Recently, with the heavy winds in the region a veld fire... started on my property. I’m still not sure what happened, but the fire spread quickly, despite my attempts to stop it, to my neighbour’s property and caused damage to some of his sheds before we could get it under control. Needless to say, my neighbour is very upset about the damage and I think is contemplating holding me responsible. Can he hold me liable for the damage?

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378
Article
Capital gains tax paid on monies not received? What can you do?

09 June 2017

I have a few investment properties in my property company. One such property I purchased in 2002 for R200,000 and... subsequently sold in 2013 for R3,500,000. My company paid income tax on the capital gain as though I received the full R3,500,000. However by 2016 I had only received R1,500,000 when the other party fell bankrupt, leaving me without the full purchase price. SARS refuses to pay back the amount I overpaid, and I now have a huge capital loss in the company. Is there anything I can do?

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363
Article

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