Dirk Uys Prokureurs | Attorneys https://uyslaw.com/ Bredasdorp, Western Cape Mon, 24 Oct 2022 15:18:54 +0000 en-US hourly 1 Verifikasie van bankbesonderhede – onus op betaler om krediteur se bankbesonderhede te verifieer https://uyslaw.com/verifikasie-van-bankbesonderhede/ Mon, 24 Oct 2022 14:56:56 +0000 https://uyslaw.com/?p=1054 Meer en meer gebeur dit dat iemand ‘n rekening (gewoonlik in PDF-formaat) ontvang van ‘n verskaffer of diensleweraar, met dié se bankrekening besonderhede daarop, en dit dan betaal net om agter te kom dat die epos waaraan die faktuur geheg was, deur ‘n bedrieër onderskep en gemanipuleer is om die bankbesonderhede te verander na die […]

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]]> Unfair terms in contracts https://uyslaw.com/unfair-terms-in-contracts/ Wed, 13 May 2015 18:59:32 +0000 http://uyslaw.com/?p=477 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 may operate harshly. A Court will not, however, enforce a contract which is contrary to public […]

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]]> Abuse of juristic personality https://uyslaw.com/abuse-of-juristic-personality/ Wed, 13 May 2015 18:54:20 +0000 http://uyslaw.com/?p=475 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 corporation personally liable for the corporation’s debts. In coming to its conclusion, the Court […]

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]]> Eviction of squatters https://uyslaw.com/eviction-of-squatters/ Wed, 13 May 2015 18:52:05 +0000 http://uyslaw.com/?p=473 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 co-ordinated programme to progressively realise the right to adequate housing for people in the inner city […]

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]]> Seizure of travel allowance https://uyslaw.com/seizure-of-travel-allowance/ Wed, 13 May 2015 18:48:45 +0000 http://uyslaw.com/?p=471 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 permissible travel allowance in terms of the local foreign currency regulations. The traveller’s explanation […]

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]]> Sale of house without approved plans https://uyslaw.com/sale-of-house-without-approved-plans/ Wed, 13 May 2015 18:45:56 +0000 http://uyslaw.com/?p=469 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 is an implied term of the sale agreement that the […]

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]]> Unfair dismissal https://uyslaw.com/unfair-dismissal/ Wed, 13 May 2015 18:42:37 +0000 http://uyslaw.com/?p=466 In Rustenburg Platinum Mines Ltd v Commissioner for Conciliation, Mediation and Arbitration 2007(1) SA 276 (SCA, the Supreme Court of Appeal held that the discretion to impose a sanction for misconduct belongs in the first instance to the employer and that a CCMA commissioner should approach a dismissal ‘with a measure of deference’ because it is primarily the function of […]

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]]> Requirements for a valid expert determination https://uyslaw.com/requirements-for-a-valid-expert-determination/ Wed, 13 May 2015 18:38:43 +0000 http://uyslaw.com/?p=464 This matter concerned the determination of certain accounting disputes which were referred to an expert by agreement between the parties. The respondent (Shoprite) had applied to the High Court for an order declaring that the expert had failed properly to determine some of the disputes referred to him and directing him to determine the disputes in question. The High Court […]

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]]> Personal liability of directors https://uyslaw.com/personal-liability-of-directors/ Wed, 13 May 2015 18:36:08 +0000 http://uyslaw.com/?p=463 This was a claim by S for an order declaring B personally liable, in terms of s 424 of the Companies Act 61 of 1973, for payment of the sum of R164 653.55 being the amount of a default judgment granted in favour of S against company P. The question for decision was whether or not S had proved, […]

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]]> Specific performance of an employment contract https://uyslaw.com/specific-performance-of-an-employment-contract/ Wed, 13 May 2015 18:31:37 +0000 http://uyslaw.com/?p=459 N sought an order to enforce an employment contract between it and R and to hold the latter to the three-month notice period stipulated in the contract. R, a Boeing 767 pilot, had given the applicant notice on 3 October 2005 that he was terminating his services and that his last day of employment would be on 3 November […]

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