News & Articles

Introduction When a company experiences financial difficulties, it may opt to commence business rescue proceedings. The aim of business rescue proceedings is to provide the company with some relief in respect of its financial obligations. Business Rescue Proceedings...

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...

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...

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...

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...

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)...

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...

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,...

Going back to basics with regards to contracts, the prerequisites for a contract to be valid (such as consensus, formalities, free will and/or intent, possible performance, good faith, lawfulness and certainty) appear to be simple and the remedies (such as specific...

In the matter of SA Sentrale Ko-op Graanmaatskappy Bpk v Shifren and Others 1964 (4) SA 760, the standard non-variation clause, known as “the Shifren clause”, was recognised by the Supreme Court of Appeal. The Shifren clause is an entrenchment clause and in principle...