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

Enforcement of Foreign Judgments

  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

Contract Non-Variation Clause

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

Can a hotel guest sue for an injured ankle?

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

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