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Contract Law Articles

Fixed-Term Agreements – A Deal With The Devil?

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:

What Is The Consumer’s Right To Privacy In Terms Of The Consumer Protection Act?

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.

Cooling Off Period – What Is It And How Could This Improve Your Life?

In this article, Cathleen Breedt looks at Cooling Off Periods – what are they, and how can they be of benefit to you?

Is A Quotation Worth The Paper It Is Written On?

Shelly is a second-year cinematography student at a well-known tertiary education institution. At the end of her first year, she requested from the finance department a quotation for her second year of studies. This was presented to her on a document named a tax invoice. The quotation was accepted in that Shelly duly enrolled for her second year by making payment of the deposit requested. In April of her second year, Shelly requested an updated statement from the finance department of the college and was presented with a further “tax invoice”. On this second tax invoice however, Shelly noticed that the amounts previously indicated as the price per module, had suddenly increased! She naturally was very upset about this as she is working part time to pay for her studies and thus requested legal advice in this regard. Does Shelly have any recourse?

What Is The Consumer’s Right To Privacy In Terms Of The Consumer Protection Act?

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.

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What Is The Consumer’s Right To Privacy In Terms Of The Consumer Protection Act?

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.

read more
Is A Quotation Worth The Paper It Is Written On?

Is A Quotation Worth The Paper It Is Written On?

Shelly is a second-year cinematography student at a well-known tertiary education institution. At the end of her first year, she requested from the finance department a quotation for her second year of studies. This was presented to her on a document named a tax invoice. The quotation was accepted in that Shelly duly enrolled for her second year by making payment of the deposit requested. In April of her second year, Shelly requested an updated statement from the finance department of the college and was presented with a further “tax invoice”. On this second tax invoice however, Shelly noticed that the amounts previously indicated as the price per module, had suddenly increased! She naturally was very upset about this as she is working part time to pay for her studies and thus requested legal advice in this regard. Does Shelly have any recourse?

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Death Benefits If The Beneficiary Is Predeceased

Death Benefits If The Beneficiary Is Predeceased

Do I have a right to death benefits I was nominated for, and when does it vest?

Lara has approached us with a predicament she finds herself in. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefit was Ben’s father. This matter is complicated because Ben’s father had died some two years before Ben had died. The estate of Ben’s father was at the time of Ben’s death, not wrapped up and now the executor for the estate of Ben’s father, has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her as she was his wife. Does the fact that, she was for the most part financially dependent on Ben and was his wife, not mean that his assets should automatically be hers?

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Do I Have A Right To Death Benefits I Was Nominated For And When Does It Vest?

Right to death benefits: Lara has approached us with a predicament. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefits was Ben’s father. This matter is complicated because Ben’s father had actually passed away some two years before Ben had passed away. The estate of Ben’s father was at the time of Ben’s death not wrapped up and now the executor for the estate of Ben’s father has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her, she was his wife after all? Does the fact that she was for the most part financially dependent on Ben and was his wife not mean that his assets should automatically be hers?

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Surety – A Lifelong Sentence?

Surety – A Lifelong Sentence?

SURETY – A LIFE LONG SENTENCE?
Often people who sign as surety in a contract, end up with major financial headaches to deal with. In this article, Director Cathleen Breedt looks at all the important things to know about sureties, and also provides tips on how you can ensure surety does not enslave you. #Surety #ContractualFreedom #SouthAfricanLawOfContracts

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When is surety required?

When is surety required?

When is surety required? Most of us have heard of surety and if you are in business, you may even have signed surety at some stage in time. This article seeks to explore when and why, as a creditor, it is important to require a surety from a new client, and how it works when attempting collection and a surety is available. 

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