Explore the intricacies of a recent high-profile contractual dispute case where specific performance and the enforceability of contracts under the National Credit Act were key issues. This blog delves into the judicial decisions, legal implications, and critical lessons for practitioners and investors.
Examine the Gauteng High Court’s decision in Malvern Trading CC vs. ABSA Bank Ltd, highlighting the dual jurisdiction principle for close corporations and its alignment with constitutional rights under South African law.
Explore the pivotal Pityana V Absa Group Ltd case analysis from 2024, delving into director removal, corporate governance, and the critical role of Uniform Rule 53 in ensuring procedural fairness and transparency under the South African Companies Act. Understand the court’s decision, its impact on legal review processes, and the procedural rights it highlights for directors and stakeholders
Explore the intricacies of a recent high-profile contractual dispute case where specific performance and the enforceability of contracts under the National Credit Act were key issues. This blog delves into the judicial decisions, legal implications, and critical lessons for practitioners and investors.
Examine the Gauteng High Court’s decision in Malvern Trading CC vs. ABSA Bank Ltd, highlighting the dual jurisdiction principle for close corporations and its alignment with constitutional rights under South African law.
Explore the pivotal Pityana V Absa Group Ltd case analysis from 2024, delving into director removal, corporate governance, and the critical role of Uniform Rule 53 in ensuring procedural fairness and transparency under the South African Companies Act. Understand the court’s decision, its impact on legal review processes, and the procedural rights it highlights for directors and stakeholders
As a beneficiary of a trust, it is important to ensure that the appointed trustees are protecting your interests. Unfortunately, there may be instances where a trustee is unable or unwilling to perform their duties, or their continued presence harms the trust. In such...
There are certain agreements that every small business must have. Without them, the business may be open to uncertainty and litigation in the future. This article seeks to shed light on the most basic agreements that a small business should ideally have in place and,...
To operate efficiently and within the bounds of the law, businesses need to have several agreements in place - 3 Contracts Your Business Needs. Understanding the nature and scope of required contracts can easily become a daunting prospect to most business owners. In...
WHAT EXACTLY DOES THE TERM “CONTRACTUAL FREEDOM” MEAN? The law of contract in South African affords parties the freedom to enter into a contract and who they wish to enter with. The general requirements for a legally enforceable contract are consent, good faith, and...
The consumer protection act on cancellation. The good news for Francois is that the CPA does indeed allow for the cancellation of any fixed term agreement. This is provided for in section 14(b) of the Act, which provides that a consumer may cancel a fixed term agreement as follows:
Consumer Protection Rights.
Johan is a 60-year-old man who has just retired at his beach house in Mosselbay. His only desire is to do some fishing and reading, at least for the first six months of his retirement, preferably without interruption! Johan however receives at least four or five calls weekly from what he refers to as “telemarketers”. He is just about ready to “lose his cool with these people” and approaches an attorney to help him solve this annoying issue.
