Relying on vis major clause in a contract in times of COVID-19

Vis major clauses Many businesses will seek to rely on the enforcement of vis major clauses to relieve their performance of certain obligations resulting from the COVID-19 outbreak. The term vis major refers to an event or occurrence, which renders contractual performance impossible. These clauses allow a contracting party to escape the normal consequences of non-performance or late performance […]

Shared titles, shared responsibility?

The case of Du Plooy and The Cascades Body Corporate and Another deals with a slip-and-fall incident by one of the owners in the scheme and member of the body corporate who was subsequently entrusted by the owners with the duty of the cleaning and gardening services. Mr. Du Plooy, as Plaintiff, slipped and fell […]

MOVING OUT? WHAT TENANTS NEED TO DO BEFORE MOVING OUT

We all know that moving can be stressful and time-consuming, but before you start packing your boxes, there are certain things that you need to keep in mind before move-in day.  As stressful and time-consuming as moving might be, it can also be exciting as you are moving on to better and greater things. However, […]

CANCELLING A CONTRACT?

Every person, whether an individual or a juristic person, will find themselves in a situation where they will want to terminate a contract. The aim of this article is to set out the requirements for terminating a contract as well as to give basic guidance when doing so. When a person wants to cancel a […]

AM I PREJUDICED BY AN ARBITRATION CLAUSE IN MY BUILDING CONTRACT?

Contracts for the building of a house or providing for substantial alterations to a house commonly contain an arbitration clause. This article looks at the advantages of resolving disputes relating to building contracts by arbitration rather than by litigation in the courts. I had a written contract with a builder to make substantial alterations to […]

ANTENUPTIAL CONTRACTS: CAN I GET ONE AFTER MARRIAGE?

Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already gotten married in community of property, and later decide to change to another form of marriage contract. Can it be done? The Matrimonial Property Act […]

ANTENUPTIAL CONTRACTS: CAN I GET ONE AFTER MARRIAGE?

Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already gotten married in community of property, and later decide to change to another form of marriage contract. Can it be done? The Matrimonial Property Act […]

CANCELLATION OF THAT GYMNASIUM CONTRACT

We have all made New Year’s Resolutions. This year I will start exercising, eating healthy and spend less time at the office and more with the family. In order to fulfil this resolution, you join the local gymnasium as soon as you return from your December holiday. It does not bother you whether the agreement […]

VALIDITY OF ANTENUPTIAL CONTRACTS

One must be careful when drafting and signing an Antenuptial Contract. Aside from ensuring that the contents is all correct, one must also ensure that all the necessary provisions are contained therein to make the contract valid. The consequences of neglecting to do so may result in a marriage in community of property even though […]

ANNULMENT OF A MARRIAGE

Consent is an essential element of a valid marriage and the parties to a marriage must confirm before the marriage officer during a civil ceremony that they voluntarily consent to marry each other.[1] There are certain circumstances where it can be said that consensus was not present, and this will be discussed below. Six months […]