How Courts Sort Fact from Fiction – A Tale of Jags, Deception and Damages

“Truth will out” (Shakespeare) You are wondering whether you can win in court against an opponent where your two versions of what happened are totally at odds with each other.

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Security Complexes and Fibre – You Can Use Telkom Ducting After All

“Reliable electronic communications go beyond just benefiting the commercial interest of licensees to the detriment of ownership of property. The statute [Electronic Communications Act] is designed to avoid this no-winner

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Dementia and Incapacity: What is a Power of Attorney and is it Forever?

“The number of cases of dementia is estimated to almost triple by 2050” (World Health Organisation) Although the actual prevalence per capita of dementia is reportedly on the decline, aging

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Landlord vs Tenant: When Can You Cut Electricity or Change the Locks?

Spoliation is the wrongful deprivation of another’s right of possession. The aim of spoliation is to prevent self-help. It seeks to prevent people from taking the law into their own

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Home Builders – Your Contractor Must Register with the NHBRC

“…the Act is consumer-protection legislation designed to offer protection against incompetent builders and the construction of homes having structural defects” (extract from judgment below) In order to promote housing consumer

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What is Poor Work Performance? A Case of Missed Sales Targets

“…the employer has a duty to investigate all possible alternatives short of dismissal, and this duty accords with the onus of proving the fairness of the dismissal” (extract from judgment

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Property: Are Verbal Agreements Valid?

“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Verbal agreements in South Africa are generally as binding and valid as written ones. Of course not recording

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Your Will: What You Can and Can’t Do

“Where there’s a will, I want to be in it” (Anon) Your will (“Last Will and Testament”) is quite possibly the most important document you will ever sign. Without a

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Unlawful Occupiers: Eviction Is Possible, but Neither Quick nor Easy

It is only once the court concludes that there is no defence to the claim for eviction and that it would be just and equitable to grant an eviction order

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How to Stop Vital Evidence Being Destroyed

Surprise the enemy” (Sun Tzu in ‘Art of War’) You suspect that someone you are suing (or about to sue) will destroy or hide vital evidence in their possession. Perhaps

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