Dogs provide companionship and may also provide protection. Owners should be aware of the attendant risks and responsibilities of owning and keeping a dog or other animal. Particularly important is the potential liability for damage caused by the animal, even if the owner was not at fault. The recent case of Van Meyeren v Cloete …
When the dog bites – Liability for harm caused by animals by Zorada Temmingh Read More »
Online access to and distribution of information has become an integral part of society. This enhances public awareness and transparency, but false information can cause uncertainty and disruption. This article explores how the spreading of false information, or so-called “fake news”, may entail legal liability for WhatsApp users and group administrators. The Constitution of the …
Shareholders in a private company are not normally liable for the debts of the company, but there are instances where they may be, upon deregistration or liquidation of the company. Deregistration In terms of section 82 of the Companies Act No. 71 of 2008 (“the Companies Act”), the grounds for deregistration of a company by …
Shareholder liability for debts of a company by Alden Klaasen Read More »
In terms of the previous Companies Act directors could generally only act with the consent or approval of shareholders in a number of cases. The Companies Act 71 of 2008 (“the Act”) grants more default powers to directors than the previous Company Act. The increased powers come at a cost to directors: they are more …
Directors of companies: Liability, Indemnification and Insurance Read More »
Estate duty is charged on the dutiable value of the estate in terms of the Estate Duty Act. The general rule is that if the taxpayer is ordinarily resident in South Africa at the time of death, all of his/her assets (including deemed property), wherever they are situated, will be included in the gross value …
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 …