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Newsletter Archives
BCLR Step Ahead Newsletter No. 4/2009
- Suretyships are a danger to your financial health
- Can an insurer refuse to pay your insurance claim on the grounds that you make full disclosure when taking out the policy?
- Beware "standard clauses" in a contract
- The creditor of an insolvent can institue legal proceedings to cover monies paid to other creditors prior to the formal declaration of insolvency
Download Newsletter No. 4/2009 [ PDF - 96 kb]
BCLR/MJS Step Ahead Newsletter No. 3/2009
- Summary judgment - a potent weapon against bogus defences
- The consequences of not having a restraint of trade agreement with your employees
- Over-indebtedness as a defence to a claim for repayment of a debt
- Are you always legally bound by a document you sign?
Download Newsletter No. 3/2009 [ PDF - 1748 kb]
BCLR/MJS Step Ahead Newsletter No. 2/2009
- Protecting the assets of a person who cannot manage his own affairs
- Popular misconceptions regarding contracts
- What is your most valuable business asset?
- The High Court gives short shrift to a trumped-up defence
- A tenant's duty to repair damage to the leased premises
Download Newsletter No. 2/2009 [ PDF - 155 kb]
BCLR/MJS Step Ahead Newsletter No. 1/2009
- Insurance - myths, misconceptions and pitfalls
- South Africa's abstract system of land ownership
BCLR/MJS Step Ahead Newsletter No. 4/2008
- Contracts for the sale of immovable property
- Can a contract exist even if nothing has been said or written?
- Are restraints of trade enforceable?
- Is it worthwhile to have a restraint of trade agreement with one's employees?
- The perils of not answering a letter that makes important assertions
Download Newsletter No. 4/2008 [ PDF - 127 kb]
BCLR/MJS Step Ahead Newsletter No. 3/2008
- Are everyday contracts necessarily "fair"?
- Creditors whose debts are paid prior to the payer's insolvency can sometimes be compelled to repay what they had received
- The rights of a tenant whose landlord fails to maintain the leased premises
Download Newsletter No. 3/2008 [ PDF - 1,591 kb]
BCLR/MJS Step Ahead Newsletter No. 2/2008
- Friction between owners in sectional title schemes
- Caveat subscriptor!
- Cancellation of a contract where the purchaser fails to provide an acceptable bank guarantee for payment of the purchase price
- The sale of a business that has not been advertised in the Government Gazette and a local newspaper
Download Newsletter No. 2/2008 [ PDF - 1,128 kb]
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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