Legalese is a pattern of writing that is lengthy, obscure, and intelligible only to lawyers but not the man in the street. Have you seen a contract written in legalese before? This is a typical clause. “In the event that the Party of the First Part undertakes any act or effort whatsoever to extend such… Continue Reading
When can conversations recorded without your consent be used against you Today it is so easy for an employer or employee to record a conversation, using a cellphone. Must the other party consent to such recording, before it can be used for or against him or her in a court of law, disciplinary enquiry, etc.?… Continue Reading
Leaving this mortal coil – taking care of your digital and physical assets 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… Continue Reading
My client approached his Home Owners Association (HOA) for permission to erect an MTN antenna to boost otherwise poor MTN reception in his complex. The HOA refused permission, citing, amongst other things, unknown health related issues and the risk that a resident in one of the surrounding units could fall ill due to the possible… Continue Reading
Constitutional Court confirms it is not necessary to hold a pre-suspension hearing. In Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7 the Constitutional Court confirmed that there is no requirement to afford the employee an opportunity to make representations prior to the implementation of his/her precautionary suspension by an employer. The… Continue Reading
Source: Herbert Smith Freehills LLP Which domestic laws and regulations govern the recognition and enforcement of foreign judgments in your jurisdiction? The enforcement of foreign judgments in South Africa is governed by: the Enforcement of Foreign Civil Judgments Act (32/1998) (EFCJ); and the common law. The EFCJ applies only to judgments handed… Continue Reading
This article was originally published at HiCharlie.com Some of the content is American based but is still very useful in a South African context. Breakups are painful and confusing. All of a sudden, your life is completely different, and you now need to deal with everything on your own — including financial matters. Even though… Continue Reading
Is cancellation of a contract by email valid? The tenant of leased premises purported to cancel a lease through the exchange of emails. A non-variation clause in a lease required that cancellation be in writing and signed by parties. Then landlord sought and was granted an interdict by the High Court in that the emails… Continue Reading
A guest slipped and fell in a hotel bathroom and injured his ankle. The court, in Klassen v Blue Lagoon Hotel and Conference Centre had to decide if the hotel was negligent and had to pay the guest damages. The defendant disputed liability, alleging that the plaintiff was drunk at the relevant time. It also… Continue Reading
Talking to a loved one about their end of life arrangements can be one of the most difficult conversations you can have, but it can also be one of the most valuable. In fact, this conversation is best done before the need actually arises. Prepare to Listen Before you even broach the subject, take… Continue Reading
