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A Bond Clause Deadline Whooshes by and a Sale Dies – Can You Revive it?
“I love deadlines. I love the whooshing noise they make as they go by.” (Douglas Adams in The Salmon of Doubt) Contracts often contain suspensive conditions, a common example being the bond clause in a property sale agreement. The standard bond clause provides that...
A Thought for Mandela Month – How Does Ubuntu Impact Your Legal Rights?
“In Africa there is a concept known as ‘ubuntu’ – the profound sense that we are human only through the humanity of others.” (Nelson Mandela) International Nelson Mandela Day is celebrated worldwide on 18 July every year, but in South Africa the whole of July is...
What’s the Normal Retirement Age? It’s Complicated, as The Plumber’s Tale Proves
“When cognitive capacities are the focus, the 70s are the new 50s.” (IMF) Fake news articles suggesting that South Africa was implementing a new standard retirement age policy, supposedly from 30 May this year, recently went viral on social media. Convincingly...
Private Prosecution: Neighbours at War
“I charge you by the law.” (William Shakespeare in The Merchant of Venice) Victims of crime are entitled to see the perpetrators brought to justice. Feeling that the justice system has failed you can cause significant psychological harm and feelings of victimisation....
A R4.25m Warning to Choose Your Conveyancer With Care
“Trust me, I’m a lawyer.” (Popular T-shirt slogan) South African property buyers and sellers will have been cheered by news that we are now officially the most affordable country in the world in which to buy a home. We’re only a nose ahead of the USA and Bahrain in...
Restraint of Trade: Fatal Vagueness Means no Father Christmas to the Rescue
“The legal principles, as I understand them, do not confer on me the powers of Father Christmas. I cannot rescue the un-rescuable.” (Quoted in the judgment below) We all want loyal, competent staff who remain motivated to stay with us in the long term, but the reality...
Good News for Grandma: The Law Wants You to Have Access to Your Grandchildren
“Grandparents, like heroes, are as necessary to a child’s growth as vitamins.” (Quoted in the judgment below) One of the greatest tragedies of family fall-outs will always be the effect they have on the children involved. A recent High Court fight over a granny’s...
How to Avoid Fighting Over the House – A Guide for Life Partners
“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south....
When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse
“Look before you leap.” (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3 a.m. beset by sudden doubts. Thoughts like “Can we really afford it?” or “How on earth could we have fallen in love with that old dump?” haunt you. You may...
BFFs no More: The Verbal Agreement That Cost R1 Million
“My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and signed...