Civil Litigation and Alternative Dispute Resolution

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Resignation

Unpacking the Basic Requirements for Unjustified Enrichment

Introduction Objectively speaking, no person must be allowed to get enriched at the expense of another whether by intent or mistake. In principle, when a person has been impoverished without justification, they can institute an action for restitution. South African law provides relief when one person’s estate is enriched at the expense of another. This […]

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Probation

Probation

Introduction When an Employer considers hiring a new Employee, the Employer will always be concerned if the said Employee will be the right fit for the business. To help gain peace of mind, a period of Probation can be utilised to legally ‘test the waters.’ Probation can be best described as a trial period during […]

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So, you owe the taxman?! For how long can you be held liable?

Introduction One of life’s few certainties is the payment of taxes. Bearing that in mind, we should ensure that we never find ourselves in a predicament to have an outstanding account with the taxman in the first place, which of course, is sound advice. In cases of liquidation, we know that the South African Revenue […]

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Class Action

The Requirements to bring a Class Action in South Africa

Introduction Class Actions have for various reasons been a novelty in South Africa, with the unlikely chance of ever reaching the trial phase because of settlements. With the recent outbreak of Listeriosis and a Listeriosis Class Action in the pipeline, this procedural tool “enables a large group of people who have been wronged by someone […]

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Property Practitioners Bill

The Landlord’s role in exclusivity and anti – competitive clauses in retail lease agreements

Introduction Shopping centres are an integral part of the South African landscape with customers and retailers thriving in a one-stop convenience and experience location.Tenant mix is vital to any potential retailer who considers letting space in a shopping centre. It informs whether the intended target market is a consumer at the particular centre and what […]

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