Factors affecting compensation for personal injury claims in South Africa
Personal injury claims are common in South Africa, and they arise from different causes such as car accidents, medical negligence, slips and falls, workplace accidents, and other incidents. These claims seek compensation for the physical, emotional, and financial damage suffered by the victim due to the wrongful conduct of the other party. However, the compensation […]
The creation methods of servitudes in South Africa
Servitudes in South Africa can be created or come into existence in multiple ways. The methods of creation, which will be discussed, include the registration thereof by way of an order of court and through legislation. A servitude can be described as a limited real right that can either provide the holder with the use […]
Nuisance: the requirements, remedies and defences
Urbanisation, and the consequent magnitude of residential estates that are becoming increasingly dense and populated, requires individuals to abide by the municipal by-laws and regulations and to take their neighbours into consideration when conducting certain activities on their properties. It occasionally happens that someone is using their property in a way that negatively affects the use and enjoyment of someone living nearby. Such […]
Grandparents’ rights over their grandchildren
There can be no doubt that grandparents, more often than not, are intimately involved in their grandchildren’s lives and upbringing, and they provide care. But what happens when they are denied access to and contact with their grandchildren? Despite the generally recognised importance of the role grandparents play in the lives of many children, not […]
Parenting coordinators and their decision-making powers
Introduction Scenario: Assuming the divorcing parties enter into a parenting plan in respect of their children which contains the following clause: “If the parties are unable to reach an agreement on any major joint decisions in respect of the children, the dispute shall be referred to the parenting coordinator who shall attempt to resolve the […]
Who takes the fall for spillage incidents in shopping centres?
This question of liability amid spillage cases has never been fully settled in our law until recently when the case of Holtzhausen v Cenprop Real Estate (Pty) Ltd and Another [2021] 2 All SA 457 (WCC) created some doubts on the legal position of an owner or manager of a shopping mall in “spillage cases”. […]
What you should know about the new Property Practitioners Act
The long-awaited Property Practitioners Act finally came into effect this year and brings with it significant changes to the real estate industry. The Act takes a more consumer-focused approach and is premised on the need for transformation in the property sector. Property practitioners The Act has widened its scope of application by consolidating all role […]
Signing an Antenuptial Contract before getting married does not mean you are anticipating divorce
Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However, it is important to be aware of the benefits of an antenuptial contract while you are happily married. Before we discuss the benefits of an antenuptial contract, let’s consider the different marital regimes couples can enter. 1. […]
Think before you sign: 5 things to consider before signing a contract
How often do we sign contracts that we don’t read or do not understand? We tell ourselves “We have to sign in order to get this loan”. Or, “This is a once-in-a-lifetime deal!”. Be careful to sign contracts that oblige you to perform beyond your reach or have unreasonably high-interest rates in terms of repayment […]
The rei vindicatio and the actio ad exhibendum
This article will briefly look at two actions that can be instituted simultaneously, and an alternative to each other, when you have been wrongfully deprived of possession of your property. The first action is the rei vindicatio. This action is instituted in order to claim the physical return of one’s property. The second action, which […]