South African Law of Delict

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: 1.    patrimonial/special damages (including medical costs, loss of income and the cost of repairs); 2.    non-patrimonial damages/general damages (including pain and suffering, disfigurement, loss of… Continue Reading

Boilerplate arbitration clauses

Does your clause cover what you want it to cover? In the case of North East Finance (Pty) Ltd vs Standard Bank of South Africa Ltd 2013 (5) SA 1(SCA) the Supreme Court of Appeal (SCA) made it clear that where an agreement has been brought about under fraudulent circumstances, and is therefore invalid, a… Continue Reading

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

Postnuptial Contract Testimonials

So, my husband and I wanted to get a pre nup just before we got married. Unfortunately misguidance from people and ignorance from our side led us to being married in community of property. We spent the next two years trying to find lawyers we could trust who could do a post nuptial contract for… Continue Reading

Marriage Contract Testimonials

My fiancé and I have had a truly fantastic and hassle-free experience when obtaining our ANC with Bregman Moodley Attorneys. Mr Bregman makes the process so simple and quick that we had a complete prenup after a single consult with all our questions answered. I would definitely recommend Bregman Moodley Attorneys to anyone looking for… Continue Reading

When can a court annul my marriage?

What is Annulment? An order which nullifies a marriage, or declares that no marriage ever existed. Also called declaration of invalidity or declaration of nullity. What is marriage annulment? An annulment is a court order which nullifies a marriage, or declares that no marriage ever existed. A marriage can end through death of one of… Continue Reading

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