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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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Filter: Contract
Brushing up on impeachable dispositions in terms of Section 34 of the Insolvency Act

13 February 2024

“Even the most familiar things or concepts are never the worse for renewed scrutiny and for being, figuratively speaking, dusted... and tidied”- Van Warmelo -

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3025
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
When is it necessary to apply as a credit provider?

05 July 2019

I am considering to lend an amount of R400,000 to a friend who needs the cash urgently. It will only... be on a short term basis as one of his insurance policies will pay out in the next 6 months and he will be able to pay me back with some interest. Somebody mentioned to me that nobody can lend any money to anyone unless the lender is registered as a credit provider.

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934
Article
Is it a prerequisite for a valid right of first refusal or pre-emptive right in respect of land to be in writing

25 June 2018

The position in the South African Law relating to the sale of immovable property had been quite clear courtesy of... the provisions of the Alienation of Land Act, Act 68 of 1981 (the "Act") as well as its predecessor.  The general principle is that any agreement for the alienation of land needs to comply with the formalities prescribed in the said Act.  This specifically applies to agreements of sale as well as options and until quite recently was automatically regarded as to also cover pre-emptive rights or a right of first refusal.

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3675
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
Land Instalment Sale: When does the debt become due and payable

09 June 2017,  Fanie Botes

Agreements of sale of land on instalments are regulated in terms of Chapter 2 of the Alienation of Land Act,... 68 of 1981.  The Act specifically provides in section 20 for the recording of such instalment sale agreements which recording is effected by the Registrar of Deeds for the area in which the property sold, is situated and takes place at the instance of the seller.  

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3433
Article
Can I buy a house on my cellphone?

21 April 2017

The passing of the Electronic Communications and Transactions Act ("the Act") had the result that it is now possible to... contract by means of data messages, which includes e-mails and sms's or Whatsapp's.

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1256
Article
Black or blue…? Or red for a bit of variety!

11 April 2016

I’ve often wondered if an agreement must be signed with black ink. What happens if it is signed with a... blue of even red or green pen? Is it invalid?

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903
Article

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