Got the goods? Prove the right or give them back
If you are holding onto something that does not belong to you, and you cannot prove you have a legal right to keep it, you will have to give it back.
When guarantees turn costly
Performance guarantees and suretyships are powerful tools for facilitating business and mitigating risk, but they come with significant responsibilities and binding obligations.
The fall of True Ruby: When courts pull the plug on paper entities
In close corporations or small businesses, when relationships break down irreparably and impact negatively on the business, courts have reaffirmed their readiness to intervene.
Establishing interest claims in debt recovery proceedings
In a recent court case, lenders were reminded that even an admitted debt backed by a signed settlement agreement isn’t enough if you’re claiming interest.
Payments made during business rescue – are you at risk?
A recent legal decision highlights a critical legal risk for creditors and business rescue practitioners (BRPs) when dealing with a company in financial distress.
Sibling feud sparks director’s personal liability
What are the repercussions of a director failing to uphold their fiduciary duties? This article highlights the importance of directors adhering to their critical role in order to avoid personal liability and potential liquidation orders.
No contract, no problem: Ownership wins!
A recent court case shows just how powerful the principle of ownership can be in South African law. Even without a contract, you can reclaim what is yours ...
Justice delayed no more: Civil trials to undergo mandatory mediation in Gauteng
A new directive making mediation mandatory for all civil trials in the Gauteng Division has been implemented with immediate effect.
The Companies Act: Understanding the validity of the provision of financial assistance
The provision of financial assistance by a company to its directors, officers, or related entities is strictly regulated under section 45 of the Companies Act, 2008.
Contractual provisions for unilateral cancellation of agreements
To lawfully cancel an agreement based on a contractual discretion tied to clear criteria, there must be valid and reasonable grounds. It is therefore important to seek legal advice before cancelling agreements ...