Tag ArchivesSchoemanlaw
3D printing

ENAC: Can a party withhold their own performance where the other party has failed to perform?

Introduction It is a well-established principle in South African Law of contract that a party’s obligations are reciprocal, in the majority of contracts concluded. The question is, can a party refuse to perform their contractual obligations on the basis that the other party has not performed properly? To illustrate, by way of a simple example, […]

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The Case of Debt Review- Can Consumer Exit Debt Review Early?

Introduction When Consumers are over-indebted, they can use the Debt Review mechanism provided by the National Credit Act 34 of 2005 (NCA) to restructure their debts as long as the Consumer is a natural person and the NCA applicable. In terms of Section 79(1)(a) and (b) of the NCA, a Consumer is over-indebted when he/she […]

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Debt Relief – The Consequences of the National Credit Amendment Act

President Cyril Ramaphosa has signed into law the controversial National Credit Amendment Bill which is aimed at providing relief to over-indebted consumers. The Act has prompted consternation from bodies such as the Banking Association South Africa raising their concerns that some of their customers will get away with not having to repay their debt as […]

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Labour law false allegations

Effect of the Restraint of Trade in Your Employment Contract

Introduction The provision for restraint of trade clauses may seem simple and employees may be tempted to agree to it when newly employed. However, the effect of the clause is far-reaching and employees must be aware that they are presumed to be familiar with the effect of the clause. Generally, restraint of trade clauses restrict […]

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Resignation

Subrogation

Introduction   In the area of insurance law, the doctrine of subrogation can be best described as an insurer claiming against a third party for an insured loss suffered by an insured person. The claim against the third party would be on behalf of the insured and not in the insurer’s capacity. The doctrine is […]

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