Articles

The Do's and Don'ts of Cancelling a Contract

Every person, whether an individual or a juristic person, will find themselves in a situation where they will want to terminate a contract. The aim of this article is to set out the requirements for terminating a contract as well as to give basic guidance when doing so. When a person wants to cancel a contract, the cancelling party (innocent party) will have a choice to either cancel the contract or to enforce it. This article refers to the innocent party and the party in breach. The reader must however remember that fault is not a requirement for breach of contract. The law regards breach of…
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Commercial Evictions

Commercial evictions differ substantially from residential evictions.  The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, No 19 of 1998, and the Extension of Security of Tenure Act, No 62 of 1997, is not applicable to commercial evictions. The common law dictates commercial evictions. It is therefore of utmost importance that a lease agreement regarding commercial property be properly drafted and the corrects processes are followed otherwise evicting a tenant from your commercial property may become a long and cumbersome drawn out process. The common law eviction process…
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Divorce your Missing Spouse or Spouse Living Abroad

Do not despair if you intend to divorce your missing spouse or spouse living abroad. The South African legislature has made specific provision for such divorce. The Uniform Rules of Court specifically provides that a divorce summons must be personally served on your spouse, however, if your spouse is missing or living abroad service may be effected by other means as ordered by the court. There are two distinct applications which can be launched in order to have the divorce summons duly served on your spouse which will be discussed below. 1. IF YOUR SPOUSE IS MISSING BUT NOT LIVING ABROAD (APPLICATION…
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Life Partnership Agreement - The Necessity Thereof

In this day and age more and more parties in a romantic relationship (regardless of their sex) prefer not to get married and would rather live together. It is important to note that a so called “common law marriage” is not recognised by the South African authorities, thus if you have lived with a person for any amount of time it does not constitute a marriage after any period of time. The legal implications thereof can be far reaching if no life partnership agreement (also known as a co-habitation agreement) is entered into between the partners in the relationship. Such an agreement will usually…
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Contempt of Court

When the party against whom a court order has been granted, be it an order by court or a settlement agreement made an order of court, and does not comply with such order, application for contempt of court may be launched against the defaulting party. A fine or imprisonment may be imposed by the court. This in done in order to assist the applicant in such proceedings to enforce his or her remedy. It is unlawful to intentionally disobey an order of court since it favours criminality. The civil contempt procedure is a valuable and important mechanism for securing compliance with court orders. The…
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