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BCLR/MJS Step Ahead Newsletter No. 1/2008

Mere suspicion by SARS does not suffice to prove fraud by a taxpayer

The effect of sequestration or winding-up on a creditor who has already obtained judgment against the debtor

Misdescription of insured property - rejection of insurance claim

Beware penalty clauses in contracts

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From the judge's mouth

Liability in cricket

"When I was a law student and a cricketer at Cape Town University, in the days when the University was still in the Gardens, I studied law on one side of Government Avenue and played cricket on the other side of the Avenue. The cricket ground known as "The Paddock", was separated from the Avenue only be wall.

As a cricketer and law student, my little mind could always be relied upon to be alert and vigilant. One day, in law class, I asked Professor George Wille, who would be liable in damages if a batsman hit a ball over the wall and injured a person walking in Government Avenue.

In a light-hearted moment, Professor Wille replied : ' the bowler, for bowling such a bad ball of course.' " *

* Joel Mervis "Sun", August 1982, page 63, published in "Law, Life and Laughter Encore", Ellison Kahn, Juta & Co, 1999.

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