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

Social media and your employees – the risks

What does Social Media mean? Wikipedia defines Social media as “interactive platforms via which individuals and communities create and share user-generated content”. Essentially, people interact with each other through Facebook or Twitter (and other networking platforms) and convert text communications into active dialog. Social networking is pervasive and ubiquitous. Facebook has over 2 billion, and… Continue Reading

Dealing with Delinquent Directors

For a more detailed synopsis, see the de Rebus article By Rehana Cassim. A director who does not meet the standards of good behaviour and integrity expected of directors should not be allowed to continue to hold a directorship or should only be allowed to continue to do so under strict conditions imposed by a… Continue Reading

Business Rescue and Surety

ENS acted on behalf of Investec Bank Limited in an application for summary judgment against a defendant where the defendant had stood surety for the debts of certain companies. By the time of the summary judgment hearing, the defendant had already made application to place the companies under supervision in terms of the business rescue… Continue Reading

Tender in Full Settlement

Payments in full and final settlement The question to ask is whether the payment is tendered after a dispute has arisen in respect of which there have been negotiations or litigation, or whether it is made in isolation. In summary: The acceptance by a creditor of a tender made in full and final settlement may,… Continue Reading

Legalese Vs Plain Language

Legalese Vs Plain Language

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

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