“…data messages or electronic signatures are now recognised in our law as equivalent to a proper basis upon which a written contract can be concluded. Thus, a valid written contract can be concluded electronically.” (Extract from the South African judgment below) ECTA (the Electronic Communications and Transactions Act) means that you can in many cases
Can Your Thumbs-Up Emoji or E-Signature Seal a Deal? Read More »
“A man’s home is his castle.” (Sir Edward Coke, English common law ruling, 1604) Of course, what we all want to hear at the end of our house-selling journey is something like this: “Congratulations! You sold for a good price, the buyer’s taken transfer and you’ve been paid the purchase price. Time to pop the
Who Appoints the Conveyancer? Your House, Your Choice Read More »
“Don’t wait to buy real estate. Buy real estate and wait.” (Will Rogers) Spring is in the air and, as the annual uptick in property sales kicks in, let’s address two questions commonly asked by both sellers and buyers who are unsure about exactly what happens after they sign their sale agreement: Let’s begin with
\”If you\’re flogging a dead horse, make sure you\’re not riding it.\” (Josh Stern) Creditors and company directors alike need to know how best to deal with a company in financial distress. Both should learn to recognise the difference between an enterprise that has failed beyond resuscitation, and one that, given a chance, can be
When Liquidation is Inevitable: A Bad Faith Business Rescue Application Backfires Read More »
\”This [the Stalingrad Strategy] is a strategy of wearing down the plaintiff by tenaciously fighting anything the plaintiff presents by whatever means possible and appealing every ruling favourable to the plaintiff. Here, the defendant does not present a meritorious case. This tactic or strategy is named for the Russian city besieged by the Germans in
Divorce Lawfare: The Serial Litigant and his Stalingrad Strategy Read More »
“If you suspect deceit, hit delete!” (Online cybersecurity slogan) October is Cybersecurity Awareness Month, a good time to note that as cybercrime continues to grow, more and more businesses and individuals are falling victim to the dreaded “BEC” or “Business Email Compromise” fraud. The million-dollar question: Who takes the hit? Typically in a BEC fraud,
Don’t Let Cybercriminals Haunt You this Halloween — Verify, Verify, Verify! Read More »
“All that lives must die, passing through nature to eternity.” (William Shakespeare, in Hamlet) Master’s Office records suggest that less than a third of us leave behind a will when we die. That’s astonishing, given the fact that death is one of the few absolute certainties in our lives. Why do so many of us
Excuses, Excuses: Why People Don’t Make Wills, And Why You Must Read More »
“You aren’t buying a house, you’re buying a lifestyle.” (Anon) As more and more residential properties are subdivided and developed, an increasing number of homes are effectively cut off from direct access to the nearest public street or road. That’s where the “panhandle” comes into play, a narrow strip of land (looking on diagrams very
Panhandle Access to Properties – The Mistakes to Avoid Read More »
\”Dance like no one is watching, but text, post, and email like it will be read in court one day.\” (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community debate over free-roaming jackals that turned sour. The golf estate and
Neighbours’ Facebook Feud: Cats Pics, Karens & Keyboard Muppets Read More »
“There\’s no trust, no faith, no honesty in men.” (William Shakespeare, in Romeo and Juliet) A recent Labour Court decision is a stark reminder to employees that an employment relationship is founded on trust, and that any breach of that trust could justify dismissal. Pocketing a 50c coin to balance her till The responsibilities of
Honesty at Work: A 50c Coin Costs a Bank Teller Her Job Read More »
