Sarah buys furniture from Mark who promised her that the furniture is of good quality. However, he doesn’t notify her about problems with the furniture. Later, Sarah discovers that some of the chairs she bought have faulty joints, meaning they can’t be used properly. This is what’s called a latent defect and Sarah will be …
If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, when settling an estate after a death, can avoid unnecessary troubles. The Administration of Estates Act, 1965, determines what must happen with an estate after a person’s death. There are certain steps that should be …
Managing disputes over a deceased relative’s estate Read More »
F.l.t.r. Marnes de Wet, Sherine Roberts, Retha Oosthuizen, Marike Koen, Brendon Hess and Herna Beviss-Challinor Cluver Markotter Incorporated made several new appointments this year and is excited to share it with our clients, friends and colleagues. Marike Koen and Brendon Hess were appointed as directors. Marike (BA LLB) and Brendon (B. Comm. LLB) studied at …
Retha Oosthuizen Does a shareholder in a company have a claim against a director or third party who committed a wrong against the company and so caused a diminution of the value of shares in the company? This was in issue in Itzikowitz v Absa Bank Ltd (20729/2014) [2016] ZASCA 43 (31 March 2016). The …
Alex refers a dispute to the CCMA on the basis of unfair discrimination, because his company refused to grant his application for maternity leave due to the fact that he is not the biological mother of his child. They further argue that a commissioning parent party to a surrogacy agreement is not entitled, in terms …
The rights of commissioning parents in a Surrogacy Agreement to maternity leave Read More »
In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts a demotion to a lower position, the employee is nevertheless entitled to refer an unfair labour practice dispute concerning this demotion to the CCMA. The facts in Builders Warehouse …
Can I still make a case of unfair labour practice if I have settled? Read More »
The Family Advocate has many duties but in the context of Divorce Law, they are mostly consulted for making sure that all Parenting Plans and divorce Consent Papers are in the best interest of any minor children involved. The public can, however, also have access to the Family Advocate and it is important to note …
In situations where a wrongdoer causes some form of damage to a victim, the victim might suffer more damage than one might usually expect. This might be caused by the specific circumstances in which the victim finds himself/herself, which leads to the victim suffering more damage than the average person. Would this be an acceptable …
The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Court. On 28 May 2015 the Supreme Court of Appeal came to a final decision in Absa …
Persons who commit disruptive acts of unacceptable behaviour in public places may be warned, arrested and subsequently prosecuted by the authorities. The offender shall be liable for a fine, imprisonment or both upon conviction. How is this enforcement of our rights achieved by an ordinary citizen? A public nuisance is a criminal wrong; it is …
Public nuisances: Legal rights in terms of legislation Read More »