Without Prejudice - Volume 8, Issue 5, 2008
Volume 8, Issue 5, 2008
Author Vonganima MasondoSource: Without Prejudice 8, pp 41 –42 (2008)More Less
The phrase "breach going to the root of a contract" is of great importance. It is very common to find a clause in a contract which states that a party to a contract shall not be entitled to cancel the contract as a consequence of a breach by the other party, unless the breach is a material breach which goes to the root of the contract.
Source: Without Prejudice 8, pp 46 –47 (2008)More Less
s169(1) of the National Credit Act 34 of 2005 enjoins a court in any proceedings not to give judgement in circumstances where a consumer (the debtor) alleges that the cost of credit claimed by, or made to, the credit provider exceeds the sanctioned limit, and requests that the credit provider be called as a witness to prove the amount of debt claimed to be owing.
Source: Without Prejudice 8, pp 47 –48 (2008)More Less
Source: Without Prejudice 8, pp 49 –50 (2008)More Less
Before a credit provider (the creditor) commences legal proceedings against a consumer (the debtor) to "enforce" a credit agreement in terms of the National Credit Act 34 of 2005, it must "draw the default to the notice of" that debtor in writing, with a view to arranging a resolution of the matter or develop and agree a plan for the payment of the arrears.
Author Paul GilbertSource: Without Prejudice 8, pp 50 –52 (2008)More Less
We ran a networking event recently in a regional centre far from the capital city ... we thought lawyers would be pleased to have an opportunity to meet friends and contacts and not have to travel into London to do so. Four lawyers showed up, not so much networking, more like a blind date without the romantic subtext.
Source: Without Prejudice 8, pp 52 –54 (2008)More Less
According to a survey carried out by FinScope Africa in 2006, 49% of the adult population of South Africa does not have access to banking services, and it is anticipated that the 'gap' between the 'banked' and the 'un-banked' will widen further as a consequence of the implementation of Basel II (effective January 1 2008)..
Author Sharon BrinkSource: Without Prejudice 8, pp 54 –55 (2008)More Less
An award for security for costs is one aimed at balancing the possible prejudice a litigant may suffer when action is instituted against it by a plaintiff company that may be unable to pay costs awarded against it. s13 of the Companies Act, 61 of 1973 makes provision for an award for security for costs as follows:
Source: Without Prejudice 8, pp 56 –57 (2008)More Less
"The coast is a unique part of our environment. It is a distinctive system in which a range of considerations - biophysical, economic, social and institutional - interconnect, in a manner which requires a dedicated and integrated management approach." That was Minister of Environmental Affairs and Tourism, Marthinus van Schalkwyk when he introduced the Integrated Coastal Management Bill, 2007, in Parliament on May 8.
Author Amelia CostaSource: Without Prejudice 8, pp 57 –58 (2008)More Less
From November 1998 to mid-2000 Dixit Shah went on an attorney firm acquisition spree. The Solicitors Regulation Authority intervened In September 2000 and discovered that £12,5 million had been misappropriated from client accounts with these firms. However Shah had left the jurisdiction. These events resulted in The Law Society of England and Wales & Others v Dixit Shah & Others 2007 EWCH 2841 (Ch).
Source: Without Prejudice 8, pp 64 –65 (2008)More Less
Decree 39/2007 enacting regulations on timeshare and various forms of vacation ownership was issued by the Mozambican Government in August 2007 and came into force in November 2007. This article summarises the legal framework, focusing on the different types and concepts of timeshare and vacation ownership, the basic requirements for setting up timeshare schemes and how timeshare rights can be bought and sold.
Author Vaughn WilliamsSource: Without Prejudice 8, pp 69 –70 (2008)More Less
Road report: Subaru Legacy 3,0 R-B PREMIUM
The Subaru name conjures up all kinds of connotations : speed, all wheel drive, speed, boxer-type engine configurations, speed, massive boot spoiler, to name but a few. Unfortunately, the Subaru Legacy does not live up to these expectations.
Author Eben Van WykSource: Without Prejudice 8, pp 70 –71 (2008)More Less
The New York Times recently reviewed a study of Robin Goldstein, a food writer, to try and isolate consumers from the various outside influences when judging a wine. Five hundred volunteers sampled and rated 540 unidentified wines priced from approximately R12 (the snob inside me is inclined to think that it shouldn't even be used in cooking) to R1200.
Source: Without Prejudice 8, pp 72 –73 (2008)More Less
Since the froth around its listing almost two years ago, AfroCentric has been unexpectedly quiet. Until now that is. In a remarkable and fairly complex series of transactions AfroCentric has stitched together a 34,9% stake in resurgent cable manufacturer Jasco Electronics. At the same time, Jasco has acquired a 34% economic interest in M-Tec.