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April 12, 2016
Published by VDHadmin at April 12, 2016
Categories
The application of the talem qualem rule In situations where a wrongdoer causes some form of damage to a victim, the victim might suffer more damage than one might usually expect. This might be caused by the specific circumstances in which the victim finds himself/herself, which leads to the victim suffering more damage than the […]
April 12, 2016
Standard acknowledgements of debt and the National Credit Act (NCA) The new NCA does not only regulate instalment sale agreements and lease agreements in respect of movables as was done by its predecessor, the repealed Credit Agreements Act 75 of 1980. The NCA also applies to a much wider variety of credit agreements and has […]
April 12, 2016
The Credit agreement If you default on a credit agreement and action is taken against you by the credit provider, you still have time, according to Section 129(3)(b) read with 129(3)(a) and S129(4) of the National Credit Act (“NCA”)[1] as well as the case of Firstrand Bank Limited v Nomsa Nkata[2] to re-instate the credit […]
March 16, 2016
Fixtures and fittings Many transfer attorneys have heard the question from a seller: “May I remove the stove or the curtain rails or the shelves or the… ?” The most common dispute that arises between a seller and a purchaser is a dispute as to what is regarded as fixtures and fittings. The simple answer […]
March 16, 2016
Suspensive conditions in a deed of sale: know your obligations Imagine signing a deed of sale for your dream house and later discovering that the contract lapsed because you obtained bond approval one day too late. The situation could be worsened if the Seller receives a better offer for the house and accepts that better […]
March 16, 2016
How to change your marital status to another form of marriage contract Section 21(1) of the Matrimonial Property Act No 88 of 1984 provides that a husband and wife may apply jointly to court for leave to change the matrimonial property system which applies to their marriage. Requirements The decision in Lourens et […]
March 16, 2016
When is a tenant an illegal occupant? Where the Contract of Lease is breached in any way by the tenant and he or she after receiving notice thereof has not remedied such a breach within the period agreed upon, then the landlord may cancel the contract. The tenant will be found to be an illegal […]
February 18, 2016
So when am I authorised to act as trustee? The Trust Property Control Act 57 of 1988 defines a trustee as meaning “any person (including the founder of the trust) who acts as a trustee by virtue of an authorisation under Section 6.” In the matter of Lupacchini vs Minister of Safety and Security (16/2010) […]
February 18, 2016
Differences between Liquidation and Sequestration Process The application for liquidation and sequestration processes are often confused. Many people think that the processes are the same. However, there is a big difference between these two processes. A simple way to describe liquidation is that liquidation is the winding up of a firm by selling off its […]
February 18, 2016
Do’s and Don’ts of suretyship On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger[1], the Supreme Court of Appeal (SCA) set out the importance of, firstly, expressly pleading a suretyship clause in a plaintiff’s particulars of claim and, secondly, ensuring that the contract to which a deed of suretyship is […]