Common law derivative action survives for close corporations despite Companies Act
In the recent decision in Naidoo and Another v The Dube Tradeport Corporation and Others the Supreme Court of Appeal yet again had cause to...
Tag: case law and precedents
Ethics to the rescue (Part 2)
As discussed in the first article on Ethics to the Rescue, the ethical duties and responsibilities are further unpacked in this article.
We continue to explore...
How you sign a contract can determine the recourse available if things go wrong
Introduction
In the recent unreported case of Massbuild (Pty) Ltd t/a Builders Express, Builders Warehouse and Builders Trade Depot v Tikon Construction CC and another [2020] JOL 48548 (GJ) (the “Tikon case”), the court looked at the validity of a suretyship agreement…
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Dispute resolution by adjudication
In Zingwazi Contractors CC v Eastern Cape Department of Human Settlements and Others [2021] 4 All SA 299 (ECG), effect of a counter application on a determination order in a building contract dispute which provided for a binding resolution by way of settlement,…
Provided By LexisNexis
To fee or not to fee – That is the question
After the two Diener N.O. judgments and the Mazars judgment, the judgment of the full court in the appeal of Werner Cawood N.O. and Cloete...
Ethics to the rescue (Part 1) – Business rescue practitioners
A high level analysis of business rescue practitioners’ duties and responsibilities in business rescue and beyond
Given the importance of the functions and duties of business...
Shacking up? You should have a Will or cohabitation agreement
These days, before (or instead of) getting married, many South Africans are living together, in permanent life partnerships. Although the daily lives of married couples...
Breach of contract: The doctrine of election and the doctrine of repentance
Lawyers are, in some respects, a rather biblical lot, seeking divine inspiration to solve the problems of humanity, calling Judges Lords and, more latterly, resorting...
Neighbourly considerations
Subject to certain limits imposed by legislation, a land owner has the right to uninterrupted use and enjoyment of his own property. Conversely, a land...
Limiting the Pacta Sunt Servanda?
When two parties conclude a contract, the terms and conditions of the contract are the rules that will govern the relationship between the parties. Once...
