by Honey-AdminDelictual liability of minors involved in motor vehicle accidents
30 August 2021 | L VILJOEN To be successful with a personal injury claim, you have to prove (establish) that another party’s negligence resulted in (caused) personal harm or injury. When a minor gets involved in a road accident, the minor will either be a pedestrian hit by a motor vehicle or the minor will be an innocent passenger in the motor vehicle involved in the...
by Honey-AdminIn-store product prices and the Consumer Protection Act
30 August 2021 | JJ Marais It sometimes occurs that goods and/or services are displayed at a certain price on the shelf but has a different price when one arrives at the cashier to pay. It also happens that a certain good or service has two differing prices. The question then arises: Which price is the consumer legally obliged to pay for the goods or services? In terms of...
by Honey-AdminLitigating against certain organs of state
31 July 2021 | JJ Marais It often occurs that people suffer damages as a result of the negligence of a state entity and/or its employees. This could be, for example, when a person is unlawfully injured or arrested by members of the South African Police Service. In such instances a person would be entitled to claim damages from the said organ of state. When considering whether...
by Honey-AdminCustomary marriages
In South Africa, a customary marriage is defined as a marriage that has been concluded in terms of customary law. These marriages are valid in terms of the Recognition of Customary Marriages Act 120 of 1998 (Act). Before the implementation of this Act, the wife in a customary marriage was subjected to her husband`s marital power (the husband was superior to the wife). The legislation that...
by Honey-AdminEviction proceedings in regards to residential properties
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No. 19 of 1998 (PIE), sets out the process (specifically Section 4 to 6) that should be utilized by an aggrieved party as to evict an unlawful occupier, be it a hostile tenant or an unknown third party.
by Honey-AdminContingency Fee Agreements
Contingency fee agreements in personal injury claims can be a useful tool to assist clients who do not have the funds to govern a successful claim. Equally, such agreements can be advantageous to practitioners willing to carry the risk on behalf of their client. To understand the essence of contingency fee agreements this article will focus on the factions upon which such agreements are based.
by Honey-AdminHow to enforce a Maintenance Order
A maintenance order can be granted as an interim order during a Divorce matter, at the finalization of the Divorce, or with a Maintenance order in terms of the Maintenance Act. In the event that the person against who a Maintenance order was granted fails to pay the maintenance and stay in default for 10 days, then the Maintenance Act provides three remedies to enforce the Maintenance Order:...
by Honey-AdminThe right to recourse in terms of defamation
Defamation of character is described as the intentional and wrongful publication of a defamatory statement in regards to an aggrieved person, which statement has the consequence of tarnishing and / or damaging the aggrieved person’s reputation and good name.
by Honey-AdminLand rights: Expropriation Bill – Expropriation without compensation
22 December 2020 | Marili Orffer Expropriation without compensation has been a controversial topic amongst South Africans since the possibility thereof was first announced by the President. The latest Expropriation Bill was introduced to Parliament on the 12th of October 2020. Expropriation is not a new concept in South African law. The current Expropriation Act was promulgated in...by Honey-Admin