Incisive Legal Insights
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Enter into a Cohabitation or Life-Partnership Agreement to Protect Your Rights
More and more people choose to live together, without getting married. There is a misconception that they are in a “common-law” marriage. That concept does not exist in South African law.
Are You Aware of the Legal Risks in Owning a .com Domain Name?
If you have a .com domain name, or other at-risk domain names like .net or .org, you are subject to US domestic laws and jurisdiction.
Second-Hand Goods Act will Come Into Effect on April 1 2012
The long-awaited Second-Hand Goods Act will come into effect on April 1, Police Minister Nathi Mthethwa said on Wednesday.
When are Restraint of Trade Agreements Enforceable?
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.
Is Your Holiday Home Owned by a Company, CC or Trust?
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…
A Nominated Beneficiary who Predeceases the Owner of an Insurance Policy has no Right to any Benefit Under That Policy
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.
Are You Taking The New Companies Act Seriously?
The New Companies Act came into operation on 1 May 2011. To start getting your company’s affairs in order, we recommend the following:
A Double Commission Claim? Yes Sellers, Beware!
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.
How has the Consumer Protection Act Changed the Concept of "Voetstoots"?
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.
Do You Have An Agreement That You Want To Cancel?
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.