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Filter: Dispute resolution
29 March 2023
Settle your dispute with a settlement agreement
In dispute resolution matters, the settlement agre...
Read more
29
March 2023
Settle your dispute with a settlement agreement
In dispute resolution matters, the settlement agreement has become an important tool to cut short protracted conflict and litigation and for parties to agree to a full and final settlement of their dispute. In this article, we explore in a bit more detail how and when a settlement agreement should be used to settle a dispute.
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08 February 2022
What legal costs can a creditor charge a debtor to recover outstanding debt?
When times are tough, you may not get around to pa...
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08
February 2022
What legal costs can a creditor charge a debtor to recover outstanding debt?
When times are tough, you may not get around to paying all your bills. But be warned, if neglected for too long, it will inevitably lead to letters of demand for payment along with interest, charges and legal fees. As your outstanding obligations grow, you may wonder whether all these costs are allowed? Lets unpack what the law says.
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14 December 2021
Is arbitration a good option for solving legal disputes?
Our company has noticed a rise in default by our s...
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14
December 2021
Is arbitration a good option for solving legal disputes?
Our company has noticed a rise in default by our service providers. In the past we’ve managed to address these with a few stern phone calls and letters, but it looks more and more like we are starting to run into serious issues with service providers struggling because of the economy. We don’t want to necessarily engage in litigation but at the same time, we cannot just let these defaults continue. Is arbitration an option for us at all?
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14 June 2021
Disclosure of medical records vs the right to privacy
A client recently fell over boxes standing in the ...
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14
June 2021
Disclosure of medical records vs the right to privacy
A client recently fell over boxes standing in the aisle in my store. He is suing me for damages claiming that the head injuries he sustained from the fall resulted in him being fired from work. I’ve heard from another source that he was dismissed because of a history of alcohol and drug abuse and that he has been in and out of rehabilitation. We’ve requested access to his medical and psychological reports, but his attorney refuses claiming medical privilege. Surely, this cannot be right, particularly if these can prove that there were other factors leading to his dismissal?
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06 January 2021
Prescription and surety don’t always play well together
Our company is owed money by one of our contractor...
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06
January 2021
Prescription and surety don’t always play well together
Our company is owed money by one of our contractor companies who we helped with finance and provided us with personal sureties by the shareholders as security for the transaction. They have been making promises that they will pay for some time and we left it, but now we are getting worried about prescription. We are also unsure whether if we act against the sureties, prescription will be halted for the contractor or may continue and we lose our claim against the company itself. Can you advise?
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06 January 2021
Is a power of attorney an abdication, or temporary delegation of your authority to act?
I recently had to sign a power of attorney authori...
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06
January 2021
Is a power of attorney an abdication, or temporary delegation of your authority to act?
I recently had to sign a power of attorney authorising my attorney to act on my behalf in my property transfer. It just got me wondering about what exactly a power of attorney means and for how long it remains valid. Can you enlighten me?
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10 November 2020
Is government liable for an accident at a private nursery school?
I recently saw an article in the news saying that ...
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10
November 2020
Is government liable for an accident at a private nursery school?
I recently saw an article in the news saying that the Western Cape Department of Social Development was not responsible for injuries caused to a child in a day care funded by the Department. Surely this cannot be right and the Department should be responsible?
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10 November 2020
Can a body corporate institute action against the sectional title developer?
In our sectional title scheme, it has become clear...
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10
November 2020
Can a body corporate institute action against the sectional title developer?
In our sectional title scheme, it has become clear that many of the structures on the common property have been poorly built and are defective. However, the body corporate is uncertain whether it can take action against the developer for these defects and accordingly nothing is happening. Surely the body corporate should be able to do something?
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07 June 2019
Can I institute legal action on behalf of my body corporate?
I live in a sectional title that used to have beau...
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07
June 2019
Can I institute legal action on behalf of my body corporate?
I live in a sectional title that used to have beautiful common property areas. The last year or two though, owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?
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11 April 2019
What to do when a business opens next door to your house
Our house is situated in what used to be a quiet r...
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11
April 2019
What to do when a business opens next door to your house
Our house is situated in what used to be a quiet residential suburb. Lately though, more and more businesses have started opening up around us with houses being converted into business offices. This has ruined our quiet neighbourhood and resulted in more traffic and other problems in our neighbourhood. Surely businesses cannot just open up offices in a residential area? Is there anything we can do?
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11 April 2019
New developments with precautionary suspensions
I have a suspicion that one of my branch managers ...
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11
April 2019
New developments with precautionary suspensions
I have a suspicion that one of my branch managers is busy stealing stock and cooking the books. The numbers just don’t add up. I want to suspend him to allow a full investigation to be done, but don’t want to give him a heads-up so he can hide evidence. Can I suspend him immediately without giving him a chance to provide reasons so I can ensure that he leaves the premises? Please advise.
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12 February 2019
Can I be fired for my colleagues’ wrongdoing?
I work a till at a big general store. The owner di...
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12
February 2019
Can I be fired for my colleagues’ wrongdoing?
I work a till at a big general store. The owner discovered that some of the other till operators were overcharging customers and pocketing the difference. I knew they were doing this, but felt it was none of my business and did not tell my manager. Now they want to fire me because I should have blown the whistle on the others. Surely I can’t be fired if I did nothing wrong?
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