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Application for Leave to Appeal Default Judgment after Failed Rescission Applications

29th February 2024 Can a default judgment that has been subject to rescission applications be appealed by a party?  In the matter of Road Accident Fund v Gonsalves... 

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Understanding the Memorandum of Incorporation under South African Company Law

29th February 2024 In South African company law, the Memorandum of Incorporation (or Memorandum) stands as the foundational document governing the establishment and... 

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Arm's Length under the National Credit Act

28th February 2024 Whether a loan agreement or acknowledgement of debt ("AOD") falls under the National Credit Act 34 of 2005 ("NCA") and specifically meets the... 

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Understanding the Importance of Guardianship

27th February 2024 The guardianship of children holds immense significance in both the lives of the children themselves and their parents. Whether it's a parent or... 

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Buying a Freehold Property in South Africa: What to Look for

27th February 2024 Investing in a freehold property in South Africa is a consequential financial decision, demanding a thorough consideration of multiple factors to... 

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The role of good faith in contract law

1st February 2024 The role of good faith in South African contract law is significant, as it is an underlying value that is given expression through existing rules... 

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Understanding servitudes in Property Law: Rights, types, and legal implications

30th January 2024 In the realm of property law, servitudes play a crucial role in regulating the rights and duties between dominant and servient owners. This article... 

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Fairness and the Law of Contract – A Case Study

30th January 2024 The Constitutional Court made a judgment relating to the exploration of rules governing courts' power to set aside or refuse to enforce contractual... 

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