More about legal costs

A client asked, “If I win my case will I get back all the fees I paid you?” Types of legal costs There are three types of legal costs: Party and party costs These are the costs that a court will award the successful party in a court case. The losing party must pay these… Continue Reading

The test for foreseeable injury and negligence

The test for foreseeability of harm The true criterion for determining negligence is whether in the particular circumstances of each specific case the conduct complained of fell short of the standard of the reasonable person. A court can’t seek guidance from the facts and results of other cases. In Pick ‘n Pay Retailers (Pty) Ltd v… Continue Reading

Defamation – don’t rush into suing

Someone has posted a defamatory statement about you in a WhatsApp group or a Facebook post. You feel understandably upset and want urgently to right the wrong. Be careful about rushing off to court, as our courts have been reluctant to award substantial damages unless the person defamed is a high-profile person. Your attorney will… Continue Reading

Electronic Signatures and Emails

In Spring Forest Trading 599 CC v Wilberry (Pty) Ltd T/A Ecowash and Another , the Supreme Court of Appeal (SCA) ruled that the parties to an agreement that contained a non-variation clause (providing for cancellation to be in writing and signed by the parties) could vary the agreement through an exchange of emails. The… Continue Reading

Security for costs Article re individuals

Under what circumstances can a Defendant approach a court for an order for security for costs? By Dean Brainin, candidate attorney. Supervised by Roy Bregman. The Rules of the High Court and the Magistrates’ Court allow a Defendant to apply to Court to compel a Plaintiff to provide security for costs, in limited circumstances. The… Continue Reading

Security for Costs Article – Companies

Under what circumstances can a Defendant request a Plaintiff Company or Close Corporation to furnish security for costs?  By Dean Brainin (Candidate Attorney) and Roy Bregman. Section 13 of the Companies Act 61 of 1973 (the old Act) and Section 8 of the Close Corporations Act 69 of 1984 (the CC Act), entitle a Defendant… Continue Reading

Restraints of Trade

What is a contract in restraint of trade? No legislation or regulation gives an employer a right to this type of protection, and any restraint must be in writing. A restraint is a clause in an employment contract that provides that when an employee resigns, or his contract ends, he may not perform work at… Continue Reading

Spillage Cases

Slip and fall A client asked if she could sue the supermarket when she slipped on a wet floor and injured herself. Our case law has often dealt with so-called “slip and fall” or “spillage” matters where an injured party sues the owner or tenant of premises for monetary compensation for injuries suffered.  The following… Continue Reading

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