Kategorie: Articles

What is putative self-defence?

May 21st, 2018

By Sanette Viljoen In the appeal court case of S v De Oliveira 1993 2 SASV 59 (A) putative self-defence was described as a situation where a person subjectively really believes that his life is in danger, but seen objectively it is not. Subjective means that which is going on in my own mind and  … Read more

Absolute liability for damage caused by your personnel

May 21st, 2018

By Sanette Viljoen Facts: A business owner is advised by his short-term insurance broker to take out a policy to protect him against claims brought against him for his employees’ negligence. The owner, however, feels that it is not his responsibility if his employees cause other people damage, so why should he pay for special  … Read more

Legal rule applicable when marrying abroad

May 18th, 2018

By Sanette Viljoen In these modern times getting married abroad is very popular. What is the legal position if a South African gets married in another country. The problem is that this beautiful romantic wedding explodes in the parties’ faces when it comes to divorce or the death of one of the parties, with the  … Read more

Claim for damages against neighbour for a runaway veld fire

May 18th, 2018

By Sanette Viljoen In the recent case MTO Forestry v Swart (420/2016) [2017] ZASCA 57 the landowner, whose plantation burned down after a fire spread from his neighbour’s land and destroyed his entire plantation, lodged a claim. The fire started on a section of the neighbour’s land that was covered with dense exotic shrubs that were  … Read more

How long the will may be disputed after disposal of estate

May 9th, 2018

By Sanette Viljoen Indirectly this matter comes down to prescription. Facts of the matter: John inherited from an estate. Sarah felt that John was unfairly enriched at her expense. She should have inherited more that John. Sarah may bring a civil claim and the estate should be reopened. The question of how long after the  … Read more

May I install a nannycam?

May 9th, 2018

By Sanette Viljoen I have a suspicion that the nanny is mistreating my children, so what can I do? May I install a nannycam to monitor the nanny’s actions? What is the legal position in this regard? Will I encroach upon the nanny’s rights if I install such a camera? In terms of the provisions  … Read more

Occupants have no legal right to keep stock on a farm

May 7th, 2018

By Sanette Viljoen The issue of an occupant’s stock on a farmer’s farm is an everyday problem. It causes conflict between the farmer and the occupant. On the one hand the farmer feels that he has the right to manage his property and to exploit it to its full economic potential, while on the other  … Read more

When is a ghost bidder at an auction legal?

April 30th, 2018

People who buy goods at auctions and want to take auction houses to court because they suspect that a ghost bidder is present, may have to think again. Ivor Ichikowitz,  founder of the Paramount Group, bought the Thaba Phuti Safari Lodge near Rustenburg for R20 million. The auction was held by The High Street Auction  … Read more

Informed consent to medical treatment

April 30th, 2018

Medical negligence and cases against doctors are becoming all the more common. With the recent increase in these type of cases, informed consent has become a very relevant and important topic. The rights of medical staff and their patients are often put before the court for consideration. This concept leaves a lot of room for  … Read more

Contract termination where contract contains no such clause

April 25th, 2018

In this article we discuss the case of a contract not containing a specific stipulation regarding it termination. In the case Plaaskem (Pty) Ltd v Nippon Africa Chemicals (Pty) Ltd the court found that certain considerations could be applied to answer the question as to how the contract should be terminated. The High Court of  … Read more

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