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| August 2025 NEWSLETTER |
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Your House Burns to the Ground: Can You Hold the Seller Liable?
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Time and again our courts are faced with property sellers who, when sued by buyers for hidden defects, try to hide behind a voetstoots clause in the sale agreement.
They say, “The buyer bought the house ‘as is’ and can’t complain now”. But that can never protect a seller who has fraudulently concealed a defect. We illustrate this in the context of a devastating house fire caused by a dangerous and unlawful building practice. The High Court made short work of holding the seller/developer liable.
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Divorce 101: A Simple Guide to the Legal Side
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Divorce is one of life’s most stressful events, and the process can seem overwhelming. But it needn’t be a legal nightmare. Read on for a simple infographic showing how it all works – all the way from coming to us for advice through to leaving court with your divorce granted.
We’ll also address nine of the more commonly asked questions and concerns you might be grappling with.
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What Can You do When a Director Deadlock is Killing Your Company?
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Occasional disagreements are inevitable in all relationships, but when they spiral out of control to the extent that the directors of a company go to war with each other, the resulting deadlock can make it impossible for the company to continue operating.
How can you avoid that happening to your company, and what should you do if it does? We address those questions with reference to a recent High Court fight between directors whose broken relationship killed their profitable business and led to the company’s liquidation.
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Hamburger From Hell Takes a Bite out of Restaurant’s Profits & Reputation
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Imagine tucking into a delicious hamburger at your favourite restaurant, only to suddenly feel a sharp pain in your throat and realise that something awful is stuck there. The next five days are a nightmare of fear, pain, hospital beds and unsuccessful operations.
That’s exactly what happened to an unfortunate diner who sued a Stellenbosch restaurant for negligence – and won. Her victory, and the High Court’s reasoning in awarding it, hold valuable lessons for all restaurants, indeed for all suppliers of goods and services to the public.
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Legal Speak Made Easy
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“Maintenance” or “Alimony”?
You’ll often come across the term “alimony” (from the Latin “alimonia”, meaning “nourishment” or “support”) in American movies and series. It also occasionally crops up in some older English law contexts such as P.G. Wodehouse’s wry comment that, “Judges, as a class, display, in the matter of arranging alimony, that reckless generosity which is found only in men who are giving away someone else's cash.” Our South African equivalent of “alimony” is “spousal maintenance” or “spousal support”.
“Maintenance” on the other hand is our law’s broad term for both spousal and child maintenance, “child support” being the American term for the latter.
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Disclaimer
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The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact us for professional, detailed and appropriate advice.
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