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Understanding the Impact of Whole Agreement Clauses and the Parol Evidence Rule in Contractual Disputes
Introduction In commercial agreements, it is common for contracts to include a "whole agreement" clause, intended to capture the entire understanding between the parties. Such clauses, together with the parol evidence rule, play a significant role in limiting...
Legal Analysis: The Role And Impact Of Parenting Plans Under South African Law
Introduction The advent of parenting plans within South African family law marks a significant evolution in addressing the complexities that arise from the breakdown of parental relationships. This statutory innovation provides a structured approach to managing...
Understanding Prescription Laws In South Africa
Introduction Prescription, as a legal principle, operates to extinguish a debtor's obligation to pay a debt after a specified period has elapsed. This principle holds unless the debtor has acknowledged their liability within that timeframe. In the absence of...
Intestate Succession
Introduction The goal is always to investigate how inheritance law affects the allocation of property after death in regard to intestate succession. Two solutions in this matter will help achieve this. An owner can prepare a will specifying how his property...
Understanding Parental Rights and Responsibilities (PRR)
Introduction In South Africa, parental rights and responsibilities concerning a child are delineated in the Children's Act 38 of 2008. Section 21 of the Act outlines the conditions under which single fathers can obtain Parental Responsibilities and...
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Sale of Business [On-demand Tutorial]
Are you considering selling your business and searching for more information on the legal necessities required to scale, sell, or exit the business?
Surrogacy in South Africa
Introduction Surrogacy has become an increasingly popular method for starting families in South Africa, especially among those facing infertility and same-sex couples. The country's legal framework, primarily within the Children’s Act, provides a structured and...
Understanding Legal Recourse in Relation to Counterfeit Goods
The proliferation of counterfeit goods poses a significant threat to designers and consumers. Consumers are often drawn in by the prospect of “cheap” designer goods. But what is the real cost? Counterfeit items not only infringe on intellectual property rights...
Claiming Damages in Employment Matters
As an employer, it’s crucial to grasp the complexities surrounding employee dismissals and the potential legal ramifications. The landscape of employment law in South Africa presents a unique interplay between common law and the Labour Relations Act 66 of 1995 as...
Enforceability of Restraint of Trade Clauses in Employment Contracts
Introduction Restraint of trade clauses in employment contracts aims to protect employers from competition by former employees. These clauses restrict an employee’s ability to engage in similar business ventures or practice their trade within a specified period...
Statutory Rights in Property Sale Agreements
Introduction The legal landscape governing sales contracts is intricate, involving both common-law terms and statutory provisions. This article explores the key rights and obligations of buyers and sellers under South African law, specifically focusing on the Consumer...
Cohabitation and Legal Recognition in South Africa
Introduction Cohabitation, commonly known as living together, common law marriage, or a domestic partnership, is not acknowledged as a legal relationship by South African law. Consequently, no legal framework exists to govern the rights of individuals in such...
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