Articles
NEWS ITEM
The Turquand Rule – Applicable when contracting with Government?
Introduction The Turquand rule originates from Royal British Bank v Turquand (1856) 6 E&B 327. It is a UK Company Law Case that determined that people transacting with Companies are entitled to assume that Internal Company Rules are complied with, even when they...
A Brief Look at the Cybercrimes Bill
Introduction Government decided to address the ongoing debate around security and technology by publishing the Cybercrimes and Cybersecurity Bill, now known as the Cybercrimes Bill (hereafter referred to as ‘the Bill’). The Bill is meant to create new offences when it...
Airbnb: subleasing of property and the implications thereof
Introduction The online hosting platform Airbnb has fast become a lucrative source of additional income for many families both in Cape Town and in South Africa in general. However, an increase in regulation in many cities around the world, and no clear position on the...
Consensus improperly obtained- can an innocent party be bound to the Contract?
Introduction Many Individuals and Business Entities enter into different Contracts for various reasons such as protecting their businesses against unscrupulous Individuals and Juristic Persons, minimising or solving disputes and/ or to create certainty. A Contract can...
Quick Tips for ensuring a smooth and timeous Property Transfer
Introduction Today, more and more people are purchasing immovable property in South Africa. The transfer process, from acceptance of the offer to registration, should roughly take three to four months depending on the terms and conditions on the Sale Agreement or...
When can a claim for defamation be instituted under the South African Law of Delict
As a point of departure, South African law of Delict recognises patrimonial and non-patrimonial loss/damages or harm which one can suffer. Patrimonial loss/damages refers to a monetary value which is claimed and usually goes hand in hand with non-patrimonial...
SchoemanLaw Internship Programme 2018
This October SchoemanLaw piloted our internship programme. The aim of the programme is to give dynamic, newly qualified attorneys the opportunity to gain practical experience in a reputable tech-enabled commercial law firm. Furthermore, to recruit the coming term’s...
The real meaning of clients not paying
As an entrepreneur, building a successful and sustainable business is a massive challenge in itself. Not to mention the additional challenge posed by late or non-paying clients. True, there are various reasons for clients not paying, ranging from larger economic...
Cannabis- Is it legal to consume it in the workplace?
The recent Constitutional Court judgment legalising the consumption of cannabis by adults in their own homes, changed the South African landscape forever. ACJ Zondo stated that: “the right to privacy entitles an adult person to use or cultivate or possess cannabis in...
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