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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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4
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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3
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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1
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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3
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
4
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
3
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
1
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
3
Article
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Filter: Contract
What print or font is too small for a contract?

07 June 2018

I recently bought a second-hand car from a local car dealership. Not long afterwards the car started giving me trouble.... When I took it back to the dealership, they said it was not their responsibility as the contract I had signed transferred all responsibility to me. They showed me the contract, but most of it was printed so small that I couldn’t even read it let alone understand it. Surely I should at least be able to read a contract to be bound by it?

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323
Article
Black or blue…? Or red for a bit of variety!

11 April 2016

I’ve often wondered if an agreement must be signed with black ink. What happens if it is signed with a... blue of even red or green pen? Is it invalid?

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324
Article
Can I take my satellite dish with me?

14 April 2015

Mr Purchaser is excited about buying the flat from Mr Seller, more so as the flat comes with an installed... DSTV satellite dish to which he only needs to connect his decoder to watch the Rugby World Cup later this year! Mr Seller however has no intention of leaving his satellite dish behind as he also wants to watch the rugby from his new flat. But can Mr Seller just take his dish, or is Mr Purchaser entitled to have the dish remain behind?

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796
Article
Kan ‘n kontrak regtens deur die stuur van ‘n epos gekanselleer word?

16 March 2015

Met die spoedige ontwikkeling van tegnologie moet enige besigheidsman deesdae nie net op hoogte bly van tegnologiese verwikkelinge nie maar... ook met verwikkelinge in die reg. In die hedendaagse lewe word ooreenkomste gereguleer deur kontrakte wat geteken word deur al die partye. Dit bring na vore die vraag of digitale kommunikasie relevant is vir ons kontraktereg en selfs meer spesifiek, of ‘n party byvoorbeeld ‘n ooreenkoms regmatig kan kanselleer deur die stuur van ‘n epos?

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269
Article
Can you cancel a contract by email?

16 March 2015

Your agreement is signed, sealed and delivered! You know that in the agreement a non-variation clause stipulates that no variation... or consensual termination of the agreement shall be of any force or effect unless in writing and signed by both parties thereto. This clause seems simple enough…. If you want to cancel the agreement, all you have to do is ensure that it is in writing and signed. What can possibly go wrong?

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289
Article
Oral variations of an agreement – are they valid?

16 March 2015

You decide to rent a cottage from a friend to live in his backyard for a year or two. You... both agree that it would be wise to enter into a lease agreement and have the necessary agreement drawn up. Everything goes well until the monthly rental increases as per the agreement. You discuss the situation with your friend who agrees to waive the increase verbally. But is this sufficient and can you legally rely on his word only?

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361
Article

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