December 14, 2016

Compensation for a fatal holiday resort accident

Compensation for a fatal holiday resort accident Emily and Nathan were a happily married couple in their early thirties with two minor children. Emily was a stay at home mom and Nathan was the breadwinner of the family. The family decided to take a vacation in Sun City, which ended tragically when Nathan was fatally […]
November 1, 2016

How do I register a trust?

How do I register a trust? A trust is an agreement between the person who owns the assets and the appointed trustees. A trust can be a good way to preserve your wealth for your family and children. A well-managed trust will make sure that anyone who is a beneficiary of the trust benefits from […]
November 1, 2016

Can a parent claim maintenance from their child?

Can a parent claim maintenance from their child? When the word “maintenance” is mentioned, many people think of women claiming maintenance for minor children, or alternatively, women claiming maintenance from their ex-husbands. However, parents also claim maintenance from their adult children. Mike Larry received a summons from the Maintenance Court to appear three weeks later […]
November 1, 2016

Should a domestic worker get a Christmas bonus?

Should a domestic worker get a Christmas bonus? Doris, a domestic worker, demands a Christmas bonus from her employer in the amount of R1 000. She has not yet been employed for longer than a year and as a result no prior agreements or expectations have been created in this regard. When Christi, her employer, informs […]
November 1, 2016

The Sale Agreement: Can I use the cooling-off period if I change my mind?

The Sale Agreement: Can I use the cooling-off period if I change my mind? The Consumer Protection Act has some serious implications for agents selling property – for one, a disgruntled purchaser can get out of a sale agreement within 5 days of signing it. Section 16 of the Consumer Protection Act states as follows: […]
October 20, 2016

Can SARS re-assess a tax return several years old?

Can SARS re-assess a tax return several years old? Imagine the following scenario: a taxpayer named Andrew is on his annual vacation for four weeks. On the fifth day of his vacation, he is lying carefree in the sun with his toes wiggled into the warm beach sand.  A thought crosses his mind: perhaps he […]
October 20, 2016

Do I need an Antenuptial contract before marriage?

Do I need an Antenuptial contract before marriage? An antenuptial contract is an important document that, under South African law, determines whether your marriage will exist in community of property or out of community of property, with or without the accrual system. An antenuptial contract offers a number of benefits: 1. Preventing your intended marriage […]
October 20, 2016

Are restraint of trade agreements always valid and enforceable?

Are restraint of trade agreements always valid and enforceable? Historically restraint of trade agreements were void and unenforceable unless the employer could prove that it was a reasonable agreement entered into between the parties. Fortunately for employers the position in the law has changed. What are restraint of trade agreements? An agreement that seeks to […]
October 20, 2016

I bought a property that has problems, what now?

I bought a property that has problems, what now? A seller’s protection under the “voetstoots” clause in a deed of sale for immovable property is not as “absolute” as some might think. It is still the seller’s duty to inform prospective purchasers about all latent (hidden) defects in a property. A seller’s failure to do […]
August 25, 2016

How can I lawfully evict my tenant?

How can I lawfully evict my tenant? You’ve discovered that the tenant renting your apartment has damaged several appliances, including the floor tiles due to irresponsible behaviour. Therefore, you have decided to terminate the lease contract and evict the tenant. Are you allowed to do that and how do you get started? Firstly, there has […]

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