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Monthly Archives: January 2015

WHO WILL RID ME OF THIS LEAKING ROOF?

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“If the roof doesn’t leak, the architect hasn’t been creative enough”

(Frank Lloyd Wright)

 

Witticisms by modernist architects aside, can you sue the seller when the roof of your new dream house starts leaking shortly after purchase?

Roof leaks by their very nature often result from “latent” defects, a latent defect being one that “would not have been […]

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CREDITORS: HOW TO SECURE YOUR SURETY CLAIMS IN BUSINESS RESCUE

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Will your claims against sureties be prejudiced if your claim against the main debtor is compromised during business rescue proceedings?

Regular LawDotNews readers will recall the different approaches taken by various High Courts to this question, and creditors will be relieved to learn that now the Supreme Court of Appeal has confirmed that your suretyship claims […]

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STRUGGLING TO EVICT A “COMMERCIAL” OCCUPANT? DON’T STRESS ABOUT PIE

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A recent Constitutional Court judgment highlights a fundamental difference in the legal protections afforded to two types of unlawful occupant –

Residential occupants: Occupants residing on premises are afforded protection in terms of PIE (The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act) with its many onerous requirements for eviction. Note that even […]

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CONTRACTS – LEAVE NO SHADOW OF A DOUBT

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Contracts should always contain a “non-variation” clause providing that no variation of the agreement is of any force or effect unless it is in writing and is signed by all parties.

A recent High Court case resulting from a property dispute shows why.

 

Landlord v Tenant: The restaurant that fell on hard times …..

A restaurant owner, who […]

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BUREAUCRATS AND BRICK WALLS – FIGHT BACK!

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“Bureaucracies are inherently antidemocratic. Bureaucrats derive their power from their position in the structure, not from their relations with the people they are supposed to serve” (Alan Keyes, American politician)

Fighting red tape is a growing problem worldwide, and we South Africans are certainly not immune. We should welcome therefore two recent court decisions which threaten […]

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