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The double-edged sword of “Without Prejudice” offers

A judgment stemming from the High Court of South Africa, Limpopo Division, Polokwane serves as a timely reminder that a “without prejudice” offer, if not drafted or approached properly, can interrupt the prescription of a claim. Facts of the case The plaintiff instituted…

Provided By Adams & Adams

by Jean-Paul Rudd

The Wilgenhof Residence indemnity form – Is it legal and binding?

A scandal has recently surfaced surrounding a multitude of allegations regarding Wilgenhof Residence, a men’s residence of Stellenbosch University. This was after a probe by News24[i], wherein it was alleged that the seniors of Wilgenhof Residence ill-treated…

Provided By GoLegal

by Philip Venter

Liability is a condition precedent to trigger invocation of an exclusion clause

Recently, the Constitutional Court in Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited [2023] ZACC 20, was called upon to determine the...

by Ayanda Nondwana

A new dawn for patent prosecution is upon us – to delay or to expedite?

Many jurisdictions offer a government incentive for obtaining a granted patent. Therefore, South Africa, by virtue of not officially performing substantive examination of patent applications...

Disqualification from inheriting

The applicant’s husband in Smit v Master of the High Court, Western Cape and Others [2022] 4 All SA 146 (WCC) was murdered on their farm...

by Merilyn Kader

Beware – Pre-contractual negotiations can affect your written contract

Interpreting a contract in South Africa has been no easy feat for our courts. When adjudicating not only do they have to consider legislation and...

by Lanham-Love Galbraith-Van Reenen

Formation of valid contracts in South Africa

Introduction People from all walks of life enter into contracts on a daily basis in transactions ranging from paying for a bus ticket, to multi-billion Rand...

by Thabo Mohale

Unenforceable clauses in a marriage contract

General principles Spouses are generally free to include any provision in their antenuptial contract (ANC). However, the provision may not be contra bonos mores (against the...

Teacher – pupil relationship: What are the legal parameters?

The teacher – pupil relationship is not a topic that is adequately explored and discussed amongst the relevant stakeholders, given the events of recent years....

by Mtho Maphumulo

What’s the biz with interdicts?

Introduction Have you ever felt endangered to the degree that you wished to seek a restraining order or felt compelled to stop a neighbour from infringing...

by Raeesa Ebrahim Atkinson

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