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About Nicolene Schoeman Louw

Attorney of the High Court RSA, Cape Law Society (member no. 13546), Notary Public, Conveyancer and B-B BEE Consultant   |   LLB cum laude (UFS) LLM commercial law/ B-B BEE (UFS)   |   Postgraduate Diploma in Financial Planning: CFP (US-2013)
Author ArchiveNicolene Schoeman Louw
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#Covid19 we are fully remotely operational and here to support you!

Should you need us, you can reach us through the following channels: Email – Email your attorney or enquiries@schoemanlaw.co.za – our 48 hour return response time still remains Phone – 021 4255604 or your attorney on their mobile in case of urgent matters. All mobile numbers are available on our email auto responders – in case of messages our 48 […]

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Multiple Offers

#Covid19 delaying or making the fulfilment of contractual obligations impossible a Force Majeure?

Force majeure translates literally from French as a superior force. The so-called “act of God”. It describes those uncontrollable events (such as war, strikes, or extreme weather) that are not the fault of any party. And that makes it difficult or impossible to carry out regular business.   These clauses are included in contracts to […]

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Fronting under the BBBEE Act

A fronting practice is defined in the Broad-Based Black Economic Empowerment Act 53 of 2003 as amended (the “BBBEE Act” or the “Act”) as:   “a transaction, arrangement or other Act or conduct that undermines the achievement of the objectives of the Act.” Section 1(c) of the Act, refers to the “conclusion of a legal […]

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developing skills in the work place

Is a term undertaking to agree legally enforceable?

In some agreements, most specifically lease agreement (as in a case in point) terms are usually included which state that specific terms shall be negotiated and agreed to between the parties (at a later stage). The question that the Supreme Court Appeal was faced with was whether the specific performance of such a term (to […]

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3D printing

Litigate once and for all – when can that be relaxed?

In order to unpack the technical principle of res judicata and when or if it can be relaxed, a definition is needed:   “The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical “bite at the cherry”. The “bite” can entail appealing through […]

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