The news is replete today with the Me-Too movement against the widespread prevalence of sexual assault and harassment, especially in the workplace. When can an employer be liable for acts of sexual assault and harassment by one of its employees? Vicarious liability is a legal doctrine that assigns liability for an injury to a person… Continue Reading
EFF Losing Defamation Appeal
Guest: Roy Bregman, from Bregman Moodley Attorneys on Cape Talk – The John Maytham Show Click here to listen Continue Reading
When is a post on Facebook defamatory?
In the 2012 case of H v W, heard in The Johannesburg High Court, Judge Willis had to determine if this post on Facebook was defamatory and, if so, entitled the applicant to an order interdicting and restraining the respondent from posting any information pertaining to the applicant on Facebook or any other social media,… Continue Reading
Personal information for my survivors upon my death or becoming incapacitated
I have posted a Wishes and Memories booklet on our website that will be a clear record of your funeral wishes, a source of important documents for legal and public records, and a permanent keepsake of your fondest memories to speak to future generations. To save your survivors as much heartache as possible immediately following… Continue Reading
Neighbours Encroaching Trees-What The Law Says – Roy Breggman
http://www.capetalk.co.za/podcasts/144/the-john-maytham-show/218792/neighbours-encroaching-trees-what-the-law-says-roy-breggman Continue Reading
Why Attend Our Next Labour Law Seminar?
Labour law in South Africa can be a complicated matter for business owners and administrators, with many employers facing issues with employment law that seem nearly impossible to circumvent. As an important issue not just for businesses but South African society as a whole, employers can stand to maintain better relations with both their employees… Continue Reading
What is defamation?
Defamation occurs If someone unlawfully and intentionally publishes a defamatory statement concerning you that lowers your good name and reputation in the eyes of the community. You may be able to sue someone in court to compensate you for injured feelings and for the hurt to your dignity and reputation that you suffered by what… Continue Reading
Must a store sell me an item as advertised or on the price tag?
Have you ever seen a product offered for sale at a ridiculously low price? If this is clearly a mistake, can you take advantage of it? The short answer is no for displayed prices, but it’s less clear for advertised prices. The Consumer Protection Act (CPA) deals with “pricing errors”. Section 23 of the CPA… Continue Reading
Boilerplate arbitration clauses
Does your clause cover what you want it to cover? In the case of North East Finance (Pty) Ltd vs Standard Bank of South Africa Ltd 2013 (5) SA 1(SCA) the Supreme Court of Appeal (SCA) made it clear that where an agreement has been brought about under fraudulent circumstances, and is therefore invalid, a… Continue Reading
Damages for dog bites
Can I sue my neighbour for damages if his dogs attack me outside his property? The matter was heard in Du Preez v Kingsley [2015] JOL 33595 (FB) Facts: Whilst cycling on a suburban road, the plaintiff encountered two dogs which exited their property and one of them bit him. The dogs had managed to get out of… Continue Reading
