Our courts have accepted that restraint of trade agreements are enforceable unless they are contrary to public policy because they impose an unreasonable restriction on a person's freedom to trade or work.

The Taxation Laws Amendment Act was promulgated on 10 January 2012. It contains significant changes which will have an impact on all disposals of property…

The Supreme Court of Appeal (SCA) recently held that a nominated beneficiary who predeceases the owner of an insurance policy has no right to any benefit of the policy at the time of her death.

The New Companies Act came into operation on 1 May 2011.  To start getting your company’s affairs in order, we recommend the following:

In a recent judgment handed down by the Supreme Court of Appeal, the sellers of a property found themselves liable for estate agent's commission even though they had paid commission to another estate agent after they had sold their house in 2005.

Voetstoots has always meant that a property is sold "as is" - no matter its condition and without any guarantees.  With a voetstoots clause in the agreement, the buyer was protected only where it could be proved that he had been cheated by the seller in that the seller knew about defects and deceptively kept quiet about them.

The Consumer Protection Act stipulates that fixed term agreements are contracts of a definite duration. Cellular phone contracts, gym contracts, armed response / security contracts, educational institution contracts and property leases are all examples of fixed term agreements.

Whilst companies are still required to prepare annual financial statements within six months after the end of each financial year, it is no longer compulsory for all companies to have their annual financial statements audited.

When a testator gives a beneficial interest in property to successive persons, it is a question of construction whether he or she intends to make the first taker owner subject to a fideicommissum in favour of the second or the second taker owner subject to a usufruct in favour of the first.

The legal principle around buying and selling has always been "let the buyer beware".  In terms of the Consumer Protection Act (CPA), which came into force on 1 April this year, that changes: it's now "Seller beware".