When does a foreign system of law apply to your contract?
Let’s say I own a company in South Africa that makes and sells jewellery. The company is hugely successful and attracts international clients. A client who lives in Canada buys a piece of jewellery from my company, which is transported from South Africa to Canada. However, when the piece of jewellery arrives in Canada, the […]
Determining the grounds for informed consent
If a person gives consent without acknowledging, understanding and considering their rights beforehand, is their consent legal and permissible in court? In eviction proceedings, it is questioned whether the granted eviction order may be cancelled after the unlawful occupiers had allegedly consented to it. Occupiers of erven 87 & 88 Berea v Christiaan Frederick De […]
I’ve experienced unfair discrimination, what now?
Being the victim of discrimination is never pleasant, but actions can be taken if you believe that they you are a victim of unfair discrimination or hate speech. A complaint can be lodged at any of the designated equality courts. Who can go to the equality court? The following people can institute proceedings: Any person […]
What is the sequestration process?
The sequestration process involves a court application. The applicant in the application is either yourself for your own sequestration (voluntary surrender) or the applicant is one of your creditors (either a friendly or aggressive creditor). The applications are similar and although there are some different requirements for each, the result is the same. Voluntary surrender Voluntary surrender […]
What happens if I never received the summons?
Imagine receiving the nasty surprise that default judgement has been entered against your name because of a summons that you have never even received. It is necessary that you know the procedure of how to rescind a default judgement to get you out of this unwanted situation. Many people are confronted with the unfortunate situation […]