by Christelle | Jun 12, 2019 | Uncategorized
Within the corporate setting minority shareholders in many instances are placed in a position of vulnerability to oppression by majority shareholders as a result of the imbalance in voting rights. An example of oppressive and prejudicial conduct would be where...
by Christelle | May 15, 2019 | Uncategorized
It has become a common occurrence to see skyscrapers shoot up in residential and commercial areas. Although this seems to be a trend of modern times, one can’t help but wonder whether the relevant considerations are taken into account when such building applications...
by Christelle | Apr 9, 2019 | Uncategorized
In terms of South African law, it is common practice for Debtors and Creditors to negotiate debt and terms of payment on a “without prejudice” basis. In general, parties feel liberated to negotiate without prejudice, due to the fact that these settlement negotiations...
by Christelle | Mar 11, 2019 | Uncategorized
We have lately been confronted with some interesting questions from RMI4law members pertaining to the issue of driving with an expired drivers licence card, one of which was whether it is, in fact, an offence to do so in light of the provisions of regulation 101(2)(a)...
by Christelle | Jan 16, 2019 | Uncategorized
Pacta Sunt Servanda, is a common law principle that literally translated means “agreements must be kept”. In terms of this principle parties are required to perform all obligations imposed on them in terms of the agreement. I In the case of Barkhuizen v Napier the...
by Christelle | Nov 15, 2018 | Uncategorized
A very important principle in the law of contracts is the principle of contractual freedom. This principle entails that parties to a contract can, in general, agree on any terms. When parties then enter into a contract, the further principle of pacta sunt servanda,...
