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Litigation Articles

Unjust Enrichment and Psychic Extortion: A Case Overview

Dive into the Aheer and Another v Govender case, a captivating legal examination of unjust enrichment tied to alleged psychic abilities, extortion, and the misuse of paranormal claims for financial gain. Discover how the ZAKZPHC ruled on this unique intersection of law and psychic predictions.

Understanding Dual Jurisdiction: The Case of Malvern Trading CC vs. ABSA Bank Ltd

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.

Breaking Down the Van Der Watt V Schoeman Case: Understanding Shareholder Rights in Company Disputes

Explore the Eastern Cape Division, Gqeberha’s ruling on shareholder oppression in Van Der Watt v Schoeman, highlighting legal remedies for shareholders under the Companies Act 71 of 2008 against oppressive conduct within a company.

Can Trustees Determine the Capital Beneficiaries in a Trust? A Detailed Analysis of Schoonhoven N.O and Others v Schoonhoven and Others [2024] ZAKZPHC 1

Introduction: In the recent case of Schoonhoven N.O and Others v Schoonhoven and Others (7608/2020) [2024] ZAKZPHC 1, the High Court grappled with the intricate interpretation of a trust deed and a will. This case revolved around the Schoonies Familie Trust and raised...

Unjust Enrichment and Psychic Extortion: A Case Overview

Dive into the Aheer and Another v Govender case, a captivating legal examination of unjust enrichment tied to alleged psychic abilities, extortion, and the misuse of paranormal claims for financial gain. Discover how the ZAKZPHC ruled on this unique intersection of law and psychic predictions.

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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 ā€œtax invoiceā€. 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 Benā€™s father. This matter is complicated because Benā€™s father had died some two years before Ben had died. The estate of Benā€™s father was at the time of Benā€™s death, not wrapped up and now the executor for the estate of Benā€™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?

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 Benā€™s father. This matter is complicated because Benā€™s father had actually passed away some two years before Ben had passed away. The estate of Benā€™s father was at the time of Benā€™s death not wrapped up and now the executor for the estate of Benā€™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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