SchoemanLaw Inc
Purchase and sale of a business. The implied prohibition against canvassing old customers.
6th April 2016 When selling a business as a going concern, inclusive of its goodwill, there is an implied prohibition against canvassing of customers with regards... →
Using a Trust as an effective tool in estate planning
4th March 2016 Estate planning is the process of managing, protecting and preserving one’s asset base not only during one’s lifetime, but also thereafter,... →
Voetsoots and the Consumer Protection Act
9th February 2016 The word “voetstoots” found its way into South African law via the Roman-Dutch law. The term is a common known term. Voetstoots essentially means... →
The effect of business rescue proceedings on creditors’ rights to enforce suretyship agreements
23rd November 2015 One of the concepts introduced by the Companies Act 2008 (the “Act”) is Business Rescue. These proceedings provide for financially distressed... →
Does ownership of a domain name give the owner exclusive rights thereto?
7th October 2015 The misuse of a domain name by someone other the rights holder could be viewed as “passing off”. Passing off is a delictual claim. Passing off... →
Information: Its collection and processing in terms of the Protection of Personal Information Act (POPI)
3rd September 2015 The Protection of Personal Information Act or “POPI” as it has commonly been referred to, was gazetted in November 2013, is aimed at regulating... →
Does non-compliance with procedural requirements for Business Rescue result in a nullity?
11th August 2015 In one of the revolutionary judgements on business rescue to date the Supreme Court of Appeal the court clarified certain provisions in the... →
When and how can I evict my lawful tenant?
7th August 2015 Evictions in South Africa are regulated by the Prevention of Illegal Evictions from and Unlawful Occupation Act, Act 19 0f 1998 ("PIE" Act). In... →
