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Legal Articles

From monthly archives: August 2021

We are pleased to present below all posts archived in 'August 2021'. If you still can't find what you are looking for, try using the search box.

Cancelling an Offer to Purchase – Possible Implications

Cancelling an effective contract is usually not without repercussions, depending on the nature of the contract and the obligations under it. Some cancellations may be due to breach of the agreement by one party or both, requiring the affected party to seek redress and restitution to the extent of their proven loss.

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Lease Cancellation Without Complication – This is How

Most contracts have provisions to cater for cancellation of the contract by the incidence of an event before the lapse of the natural term of the agreement. This is done to make provision for unforeseen future circumstances which may require that the obligations under a contract come to an end before their natural lapse.

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Cover that Starts Where Other Cover Ends – SASRIA

Most insurance products are designed in such a way that whilst they provide cover for loss, the insurance company itself remains viable as a business. To attain this balance, most insurance products have a list of strict requirements and exclusions which are consulted whenever a claim is processed.

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Calculation of Annual Loss as per the Road Accident Fund Amendment Act

Among the changes brought by the Road Accident Fund Amendment Act 19 of 2005 (Amendment Act) was the limitation of loss of income and support claims to R160 000 per annum, regardless of the actual loss (inflation adjusted). This is applicable in respect of claims arising out of accidents that happened after 1 August 2008.

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Effect of the Road Accident Fund Amendment Act 19 of 2005

The Road Accident Fund Amendment Act 19 of 2005 introduced some significant changes with regards to claiming from the Road Accident Fund (RAF) e.g who can claim, what to claim and how much. The main reasons why the Amendment Act was promulgated were to ensure the financial stability of the Road Accident Fund, accessibility as well as simplify the claims procedure.

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Mandatory COVID-19 Vaccination – Your Rights as an Employee

Now that the Department of Labour issued a Directive on 11 June 2021 with regards to mandatory vaccination policies in the workplace, it is crucial for employees to know what their legal position is in this situation. This article will attempt to present a guide of general application to employees so as to outline what their legal position is in terms of mandatory vaccination in the workplace.

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The Court’s Discretionary Role on Rights to Settle Between Parties in Litigation

Firstly, it must be noted that the premise upon which the law of contract stands is of course the principle of freedom to contract. Parties are at liberty to agree and enter into any contract provided that they have capacity, consent, and that the object (subject matter) of that contract is not unlawful.

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Space and Place of Arbitration in Community Scheme Disputes

As part of its dispute resolution procedure the CSOS attempts to resolve disputes firstly through Conciliation (formal or informal) and where the dispute remains unresolved, Adjudication follows. However, there are instances where Management Rules in sectional title schemes or the Memorandum of Incorporation in Share Block Schemes provide for arbitration as a process for dispute resolution.

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