Oct 3, 2019 | Conveyancing and Property Law, Regulatory
A well-known term that every buyer and seller of immovable property may have encountered is that of the voetstoots clause. The term originates from Dutch and translates directly to ‘with the shove of a foot’. What the term in effect means is that the product, in this...
May 22, 2019 | Regulatory
When purchasing a product, consumers have fundamental rights that are protected by the Consumer Protection Act 68 of 2008. What is a defect? A ‘defect’ is a material imperfection in a product that causes the product to be less acceptable, or not useful at all, for the...
Oct 6, 2017 | Conveyancing and Property Law, Regulatory
In most agreements of sale, whether dealing with movable or immovable property, one is likely to find what is known as the Voetstoots clause. In the case of property sale agreements, it means that the property is sold “as is”, meaning with all patent and latent...
May 23, 2017 | Litigation and Dispute Resolution, Regulatory
A recent trend amongst South African restaurants, in particular at fine-dining establishments and stylish boutique eateries, is to request a non-refundable deposit upon making reservations. The question is, however, whether restaurants are entitled to such a deposit?...
Apr 12, 2017 | Commercial Recoveries, Litigation and Dispute Resolution, Regulatory
Literally translated, in duplum means ‘double the amount’. A part of South African law since the early 1800’s, it is a common law rule that specifies that interest on a debt will cease to run when the total amount of arrear interest has accrued to an amount equal to...
Nov 3, 2016 | Commercial Recoveries, Regulatory
On 11 May 2016 the Department of Trade and Industry issued a Government Gazette Notice 39981 regarding the thresholds which determine whether or not a lender of credit or loans in terms of the National Credit Act (NCA) must register to do so. National Credit Act...
