C&A Friedlander Attorneys

Can you sue for mental anguish resulting from a breach of contract?

The world is consumer driven, and when consumers buy goods, they expect them to work as designed and marketed. This article addresses the question of whether an individual may claim damages for mental anguish and/or disappointment caused by a defective product or substandard service.  To begin with, I shall contrast the approach taken in an […]

Dissenting shareholders’ appraisal rights

Introduction Section 164 of the Companies Act 71 of 2008 (“the Act”) is a statutory instrument constructed to provide a dissenting shareholder with a remedy to exit a company in instances where the majority of the shareholders resolve to pursue a transaction that the dissenting shareholder disagrees with. Until 1 May 2011, the types of […]

The JBCC principal agent – powers and duties

The JBCC agreements have overwhelmed the South African construction industry, becoming required for contracts with the state and fast becoming the preferred contract suite for major and minor works throughout the country. One of the key, and somewhat unique, role players in the JBCC suite is the Principal Agent. This brief article will explore the […]

Lien on me – a look into the builder’s lien and contractor’s rights

A contractor has a common law right to exercise what is commonly referred to as a “builder’s lien” over property of his employer, as security for payment for work carried out on the property, until paid. A lien is a right of retention available to a person who has contributed material or manpower to increase […]

How do we make co-parenting easier during divorce? Parenting Plans or Peace Treaties?

This is for the parents having a difficult time sharing their children. Since parenting mostly consists of telling your children “how many more minutes” they have left of any particular activity, you would think that time-management would be second nature to you by now. Unfortunately, just like the rest of parenting – it’s just not […]

What happens when “I do” turns into “I don’t”?

People are very happy and excited when they hear wedding bells ringing, as a wedding is a cause for celebration. Often the planning for the occasion takes many months in order to secure a venue, arrange the catering, choose the wedding dress, send out the invitations and then finally, prepare for the big day. The […]