A “civil wrong”. It basically deals with the circumstances in which one person can claim compensation from another for harm that has been suffered. Damages in delict are divided into: patrimonial/special damages (including medical costs, loss of income and the cost of repairs); non-patrimonial damages/general damages (including pain and suffering, disfigurement, loss of amenities and… Continue Reading
Marriage in community of property and suretyships
Since the introduction of the Matrimonial Property Act of 1984 (the Act), spouses married in community of property share the same rights regarding the disposal of the assets of the joint estate (the combined assets of both spouses), the contracting of debts which lie against the joint estate and the management of the joint estate,… Continue Reading
Criminal Defamation
Is it a crime to defame someone? Before 2009 it was uncertain whether the crime existed in our law. In the case of Hoho v The State the Supreme Court of Appeal held that the crime had not ceased to exist because of disuse, that there were no good reasons why it should not still… Continue Reading
Employer liability for damages caused by sexual harassment in the workplace
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
