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About Max Rainer

Author ArchiveMax Rainer
Contracts

Contracts and The Passing of Risk

  Introduction It is often the case that when parties conclude a contract of sale, that the time manner and place of delivery can vary. It is therefore important to regulate which of the parties will bear the risk prior to delivery and under what circumstances. One such tool for this regulation is a distribution […]

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Contracts

CCMA Commissioners may lose discretion to allow legal representation in unfair dismissal disputes arising from misconduct

It is a well known rule in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) that legal representation in unfair dismissal disputes arising from misconduct are only allowed at the Commissioners discretion. Commissioners were empowered to exercise this discretion under Rule 25 of the CCMA Rules (“The Rules”). However, the recent case of Coetzee v […]

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Class Action

Insubordination in the Workplace: What you need to know

Introduction It is a well-established principle, that employees must obey the lawful and reasonable instructions of their respective employers. Refusal to follow such instructions may constitute insubordination. While in some cases insubordination may constitute misconduct, the scope and role of insubordination can sometimes be unclear. What is insubordination As a starting point, a distinction must […]

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Property Practitioners Bill

Overview of the Property Practitioners Bill

Introduction The estate agency industry and the property industry more broadly is set to see significant changes with the introduction of the Property Practitioners Bill. The Bill will replace and repeal the current Estate Agency Affairs Act 112 of 1976 (hereinafter referred to as the “Estate Agency Act”). This will leave many people wondering what […]

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Property Practitioners Bill

Conveyancing: The Electronic Deeds System Explained –

Introduction  During the first quarter of 2018, Parliament’s National Assembly passed the Electronic Deeds Registration Systems Bill (hereinafter referred to as the “Bill”), which was originally published by the Minister of Rural Development and Land Reform on 7 December 2017. The Bill was tabled as far back as 2017 and proposes some significant changes for […]

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