028 425 1331 dirk@uyslaw.com

Unfair terms in contracts

At common law the general approach to the enforcement of contracts is encapsulated in the principle ‘pacta sunt servanda’ ie all contracts entered into voluntarily and freely are valid and enforceable even though the contract (or a term in the contract) is unfair or...

Abuse of juristic personality

Members of close corporations are well advised to take note of the judgment in Airport Cold Storage (Pty) Ltd v Ebrahim and Others 2008 (2) SA 303 (C). On the facts, the Court had no difficulty in issuing an order declaring the members of the close...

Eviction of squatters

In City of Johannesburg v Rand Properties (Pty) Ltd 2007 (1) SA 78 (W), the High Court refused to grant the City of Johannesburg an order to evict squatters from an unsafe building in the inner city, pending the implementation of a comprehensive and...

Seizure of travel allowance

In Van der Merwe and Another v Taylor NNO and Others 2008 (1) SA 1 (CC), a South African traveller was arrested at Cape Town International Airport after customs officials found an amount of 130,000 Euros and US$ 21,249 in his hand luggage, far exceeding the...

Sale of house without approved plans

The judgment in Nieuwkerk v McCrae 2007 (5) SA 1 (W) is of major importance for buyers and sellers of immovable property. The practical effect of the judgment is that when a residential property within the area of a local authority is sold with a building on it, it...