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Newsletter Archives

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

Download Newsletter No. 1/2008 [ PDF - 624 kb]

BCLR/MJS Step Ahead Newsletter No. 4/2007

• Contracts for the sale of immovable property
• Are courts really "courts of justice"?
• Beware of contracting with non-residents
• Contractual terms for the exclusive benefit of one party can be waived by that party
• Sales in execution of property previously sold by the debtor

Download Newsletter No. 4/2007 [ PDF - 99 kb]

BCLR/MJS Step Ahead Newsletter No. 3/2007

• Liability for latent defects and for consequential damages
• Double sales of the same property
• The Fidentia judgment highlights the legal duties of trustees
• Personal liability of members for a CC's debts
• Is a written contract cast in stone?

Download Newsletter No. 3/2007 [ PDF - 136 kb]

BCLR/MJS Step Ahead Newsletter No. 2/2007

• "Pre-emptive rights" are not limited to contracts of sale
• The vicarious liability of an employer for the delicts of employees
• Some terms of a contract may be tacit
• BCLR's eldest employee celebrates 90th birthday

Download Newsletter No. 2/2007 [ PDF - 195 kb]

BCLR/MJS Step Ahead Newsletter No. 1/2007

• Options and Rights of Pre-Emption
• Puffs, Representations and Terms of a Contract
• The Sorry Tale of the Buyer at an Auction whose Lawyers got it all wrong
• Exclusionary Clauses in Contracts

Download Newsletter No. 1/2007 [ PDF - 395 kb]

BCLR/MJS Step Ahead Newsletter No. 4/2006

• Appeal and review
• Don't sign a lease without having it scrutinised
• The diversion of a corporate opportunity is a breach of fiduciary duty
• Recovering the assets of an insolvent company for distribution to its creditors
• Cessions in securitatem debiti

Download Newsletter No. 4/2006 [ PDF - 310 kb]

BCLR/MJS Step Ahead Newsletter No. 3/2006

• A court can order that an individual is personally liable for a company’s or close corporation’s debts
• Beware of the domicilium clause in a contract
• Use your negotiating strength to secure a written acknowledgement of debt
• Proving causation when suing for damages
• A skillfully drafted contract can give you the right to cancel if the other party does not fulfil his promises

Download Newsletter No. 3/2006 [ PDF - 172 kb]

BCLR/MJS Step Ahead Newsletter No. 2/2006

• The enforceability of an agreement to reach an Agreement in the future
• Damages for breach of contract
• Protect yourself before entering into negotiations
• The importance of retaining ownership in Property until you have been paid

Download Newsletter No. 2/2006 [ PDF - 370 kb]

BCLR/MJS Step Ahead Newsletter No. 1/2006

• Think carefully before acting if someone breaches a contract
• A notarial bond over movables is a useful form of security
• Is a landlord liable for damages caused by his tenant’s negligence
• Does a restraint of trade agreement with employees lapse on the sale of the business?

Download Newsletter No. 1/2006 [ PDF - 1MB ]

BCLR/MJS Step Ahead Newsletter No. 4/2005

• A fundamental difference between partners and shareholders
• Signing a contract without reading it
• The perils of prescription
• Are you allowed to withdraw from a partnership?
• The hazards of a “Draft Agreement”

Download Newsletter No. 4/2005 [ PDF - 111Kb ]

BCLR/MJS Step Ahead Newsletter No. 4/2004

• The court can order a plaintiff company to provide security for the Defendant’s legal costs in litigation
• Purchasing property for the purpose of reselling it at a profit is a taxable “scheme Of profit-making”
• Preserving an assessed tax loss
• The separate legal personality of a company or close corporation
• Can a company, once “dead”, be brought back to life?
• The duty of good faith owed by an employee to the employer

Download Newsletter No. 4/2004 [ PDF - 399Kb ]

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