Nov 14, 2017 | Criminal Law, Labour and Employment Law, Litigation and Dispute Resolution
Most employers are unaware that they can be held liable for the actions of their employees. Vicarious liability is where someone is held responsible for the actions or omissions of another. In Neethling’s Law of Delict, he describes liability as “the strict liability...
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...
Mar 31, 2017 | Criminal Law, Litigation and Dispute Resolution
South Africa experienced its first successful private prosecution case in the recent judgment of Private Prosecutor v Hendricks 32/94/2010, heard in May 2016, in which a family succeeded in convicting an accused of murder and sentencing him to 15 years imprisonment....
Feb 22, 2017 | Commercial Recoveries, Litigation and Dispute Resolution
Applying for the rescission of a judgment can be complicated. Where a default judgment is entered into because a party has failed to defend a claim brought by another party, a successful rescission of judgment application can set aside or make void the judgment based...
