Once you realise that you have legal claim, it is important to know that it is not enforceable indefinitely. After a specified period, which is dependent on the nature of the legal claim, the legal claim prescribes and as a result the legal claim will no longer be valid and enforceable. It is as if […]
Written by Daniel Marcus As South Africa moves out of its 3rd Covid-19 wave and lockdown regulations remain in force, questions continue to be raised by individuals as to the enforceability of their contractual obligations. Our common law recognizes the doctrine of supervening impossibility of performance which establishes that if, through no fault of either […]
Being under the assumption that a lease agreement is due to terminate albeit prematurely; Can the status quo of the lease agreement be restored?
Written by Darren Swartz It often happens where both parties to a contract incorrectly interpret a term, or err under a mistaken assumption, for example that a lease agreement is due to terminate earlier than what is stated therein. In this case, could one say that a ‘common mistake’ occurred, in that both the landlord […]
Our New Year’s resolutions are music to a gym’s ears. In today’s fitness craze, the need for a platform to get involved has increased dramatically and what better place to get that summer body and carry out those ‘get fit and healthy’ resolutions than at a gym. Before getting caught up in the excitement of […]
What better way to get exposure for your creative works while also earning a little bit of money, than entering artistic competitions? Even though it sounds ideal, you need to remember that there are two sides to every coin and the organisation hosting the competition is also benefiting from the same exposure by getting artists […]
It is notoriously difficult, when there are competing estate agents, to determine who is the effective cause of the sale that eventuates. This article looks at the decision of the Supreme Court of Appeal (“SCA”) in Wakefields Real Estate (Pty) Ltd v Atree and others 2011 JOL 27977 SCA to establish whether an estate agent […]
Most entities make use of “standard terms and conditions” of contract. It is however frequently the case that such terms and conditions are not specifically included in quotations, letters of appointment and contractual documents, even though they are intended to, and often do, form part thereof. In many instances they are merely referred to. The […]