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Credit Law


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...

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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...

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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...

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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...

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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...

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Unfair dismissal

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...

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Requirements for a valid expert determination

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...

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Personal liability of directors

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...

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Specific performance of an employment contract

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...

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Amendment of claim

M was injured in a motor vehicle accident on 9 December 2000. She instituted an action for damages on 26 June 2003, based on the Road Accident Fund Act 56 of 1996. The particulars of claim were limited to past medical expenses, future medical expenses and...

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