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The importance of informed consent in medical negligence claims

18 June 2025,  Lefevré Joubert

A frequent question asked is if informed consent is an important aspect in determining a medical negligence claim, and if... a medical practitioner or medical service provider can be held liable for medical negligence if informed consent was not obtained from a patient.

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32
Article

90 - DAY PENALTY CLAUSES IN BONDS

12 June 2025,  Salomé van Wyk

Whenever you sell your house and are required to cancel the existing bond, you must remember that the standard home... loan agreement has a clause reading something like the following:

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53
Article

Can a minor inherit a house or farm?

03 June 2025

Parents and other family members often bequeath immovable property to their children or grandchildren. But what is the position when... the testator dies and the person standing to inherit is still a minor? Can they inherit? In this article, we look at how this position is dealt with in our law.

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31
Article

“Running” into trouble: pedestrian rights matter

03 June 2025

Think you're safe sprinting through a public race? A recent court ruling says otherwise. Find out how one runner's collision... turned into a costly legal lesson—and what it means for every athlete on public routes.

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35
Article

The importance of informed consent in medical negligence claims

18 June 2025,  Lefevré Joubert

A frequent question asked is if informed consent is an important aspect in determining a medical negligence claim, and if... a medical practitioner or medical service provider can be held liable for medical negligence if informed consent was not obtained from a patient.

READ MORE
32
Article

90 - DAY PENALTY CLAUSES IN BONDS

12 June 2025,  Salomé van Wyk

Whenever you sell your house and are required to cancel the existing bond, you must remember that the standard home... loan agreement has a clause reading something like the following:

READ MORE
53
Article

Can a minor inherit a house or farm?

03 June 2025

Parents and other family members often bequeath immovable property to their children or grandchildren. But what is the position when... the testator dies and the person standing to inherit is still a minor? Can they inherit? In this article, we look at how this position is dealt with in our law.

READ MORE
31
Article

“Running” into trouble: pedestrian rights matter

03 June 2025

Think you're safe sprinting through a public race? A recent court ruling says otherwise. Find out how one runner's collision... turned into a costly legal lesson—and what it means for every athlete on public routes.

READ MORE
35
Article
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Lease agreements – cancellation, deposits and inspections

14 April 2025,  Aqeelah Petersen

The Consumer Protection Act and the Rental Housing Act aims to balance the rights of landlords and tenants when concluding... lease agreements.

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739
Article
How does the Consumer Protection Act affect voetstoots clauses?

16 March 2020,  Salomé van Wyk

When one indicates that they are selling property “voetstoots”, they are selling “as is”, whereby what you see is what... you get and thus excusing themselves from any liability in the future

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3839
Article
Voetstoots in Property Transactions

05 July 2018

Prior to the Consumer Protection Act (CPA) of 2008, the common law provided that a person who sold his goods ... (including a property), were selling it with an implied warranty that there are no latent defects in the goods. A person who sold his goods would therefore be liable if it appeared that there was indeed a latent defect evident.

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1526
Article
What print or font is too small for a contract?

07 June 2018

I recently bought a second-hand car from a local car dealership. Not long afterwards the car started giving me trouble.... When I took it back to the dealership, they said it was not their responsibility as the contract I had signed transferred all responsibility to me. They showed me the contract, but most of it was printed so small that I couldn’t even read it let alone understand it. Surely I should at least be able to read a contract to be bound by it?

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989
Article
Is the ‘indemnity’ still alive and well?

07 October 2016

Over the last few years I have read a number of articles that talk about the new Consumer Protection Act... and how it provides protection for me, the consumer. Yet, whenever I visit a shopping centre or sign an in-store agreement, I always wonder whether these disclaimers and indemnities are really enforceable, and if so, how has my position as a consumer, been improved by such legislation.

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986
Article
What to do when your new second-hand car turns out to be a ‘lemon’

11 August 2016

I bought a second-hand car from a dealership about three months ago. The last week I’ve noticed that the engine... sounds terrible. I asked a mechanic to have a look at it and according to him the engine is shot and needs a complete overhaul, which  will be very expensive. The dealer said nothing about the engine being in such bad shape. But it is a second-hand car, so I’m not sure if I can return it or have the dealer fix it properly?

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1039
Article
Consumer complaints can no longer be ignored

16 July 2015

I recently bought ready-mix cement at a chain hardware store. I followed the instructions carefully in mixing the cement, but... when I started pouring it the consistency was clearly not right and it would not set. I went back to the hardware store to complain that the cement quality was unsatisfactory, but the store clerk said he couldn’t help me and that I must write a letter to the store with my complaint and attach photos, which I then did but have still not heard from them. Surely they are required to respond to a written complaint and cannot just ignore me?

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1023
Article
Direct marketing: How POPI has redrawn the battle lines

11 September 2014

More and more consumers are becoming aware of the war being fought for their attention. The ammunition being used includes... e-mails, faxes, sms’s and other forms of electronic communication. The prize: The attention of the man on the street, your average consumer. Enter the Protection of Personal Information Act (POPI) which will redraw the battle lines of this war for consumer attention. POPI aims to (at least in part) ensure that whoever wins this war for attention, wins it fairly and legally. But how have these battle lines been redrawn and can your business still market directly through electronic means to consumers?

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1525
Article

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