News & Articles

Retentions and Storage Costs

The claiming of storage costs by motor vehicle repairers has been the subject of many a legal dispute in the past. Motor vehicle mechanics and panel beaters alike, often only possess limited space in their workshops and cannot retain motor vehicles which have been...

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Retentions and Repudiations

What is the legal position of a panel beater who affected repairs to an insured’s vehicle and subsequently discovers that the Insured’s claim was actually repudiated?   This is exactly what transpired in the matter of McCarthy Retail Ltd v Shortdistance Carriers CC....

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A SHAKE-UP FOR SET-OFF

For years some banks, and other creditors have, without prior notice and without immediate knowledge to its customers, deducted money from their savings- and current accounts for amounts owed in terms of their credit card debt. The legal principle banks and creditors...

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Legitimate expectations of neighboring properties

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...

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Acknowledgement of Debt – Debtors Beware!

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...

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Driving with an expired drivers licence card

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)...

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Breach of contract – when can I cancel

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...

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TERMINATION FOR CONVENIENCE AND PUBLIC POLICY

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,...

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