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5 QUESTIONS TO AVOID ASKING IN INTERVIEWS

The rule of thumb is that if the question is job related, it should be appropriate to be asked and answered.

Beware the Breach - Breach of Contract.

The parties to a contract are bound to respect their agreement and to perform all the obligations that it imposes on them. The legal term used to describe this is the Latin phrase pacta sunt servanda. If either party, by an act or omission and without lawful excuse, fails in any way to honour his or her contractual obligations, he or she commits a breach of contract. A breach may take various forms, such as where someone fails to make timeous performance, or where they perform in an incomplete manner.

DIRECTORS' ROLES AND RESPONSIBILITIES UNPACKED

The duties of directors of companies are found in the common law and in the Companies Act.

Small Claims Court - Know Your Rights

In South Africa we have Small Claims Courts (SCC)) which offer a quicker and easier way of resolving disputes. If your claim is below R15 000, you may approach the SCC to resolve your dispute. You do not even require the assistance of an attorney to represent you at the SCC.

CIVIL CLAIM: UNLAWFUL ARREST AND DETENTION

We live in a country where crime is rife. We need our police force to be proactive and to sometimes make split-second decisions. However, when the police fail in their duties to conduct adequate investigations into an alleged crime, the consequences can be dire. A great travesty of justice is done when an innocent person is arrested. It is important for both police officers and ordinary citizens to know their rights and responsibilities when it comes to arrest and detention.

Injury on Duty

When an employee is injured at work, in the normal course of events, in terms of section 35 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) the employee is barred from instituting action against his employer. This relates to instances where the injury results in disablement or death.

Do I really need a Will?

"I have no plan on dying any time soon!" "Well, everything will go to my wife anyway when I die, so it doesn't matter!" "Oh yes, we do have a Will, we did one when we got married 30 years ago!" "A Will? I don't have much, why would I need one?" "We're sorted - the bank did one for us a year or two ago when we got our bond" Believe it or not, these are commonly heard expressions, when people are

Bridging Finance in Building Contract - Cancellation of Main Agreement Not a Bar to Third Party's Claim for Breach of Contract

The following case highlights how important quality legal advice is and why you should be fully aware of the legal ramifications of the agreements you sign.

REMEDIES TO ENFORCE EXCLUSIVITY: EXCLUSIVE USE AND LEASE CLAUSES IN COMMERCIAL LEASE AGREEMENTS

Two important clauses in a lease agreement usually provide for exclusivity of tenants in retail complexes, namely the use clause and the exclusive clause. The use clause usually restricts the purpose for which a tenant may use a space. The exclusive clause is a promise by the landlord that only the tenant and no one else in the retail complex may engage in a particular type of business.

UNDERSTANDING THE CONSUMER PROTECTION ACT

Nearly 8 years after it was assented to, many consumers and corporates remain ill-informed regarding their rights and responsibilities in terms of the Consumer Protection Act 68 of 2008 ( the "CPA")

TRUMPED! A home owner can be evicted as an unlawful occupier

Did you know that even as the owner of a house, you could still be evicted from it as an "unlawful occupier"?

First aid boxes in the workplace

One of the common-law duties of an employer is a safe working environment. Regulation 3 (1) ; (2) and (3) of the General Safety Regulations to the Occupational Health and Safety Act (Act 85 of 1993) prescribes requirements concerning first aid boxes.

LOST VIEWS AND RISING DAMP - LESSONS FOR HOME BUYERS

"Learn from the mistakes of others. You can't live long enough to make them all yourself. "(Eleanor Roosevelt)

Garnishee Orders: A 7 Point Practical Guide to New Rules for Lenders, Debtors and Employers

"... the law regulating the granting of emoluments attachment orders was misapplied and abused by the credit providers. This caused enormous hardship to individuals against whom those orders were issued" (extract from judgment below)

SELLING PROPERTY? CHECK FOR VAT BEFORE YOU SIGN

"There's many a slip "twixt the cup and the lip" (very old and very wise proverb)

COPYRIGHT IN CYBERSPACE: NEW GUIDELINES FOR ONLINE PUBLISHERS

"Is a stolen copyright a copy-wrong?" (Anonymous)

5 Things to look out for in your insurance contract.

You are involved in a motor vehicle accident and you claim from your insurers. You have been a loyal member for years and the accident was not your fault. Your insurers value you, are eager to compensate you for your loss and help you in this time of need. Sadly, this is not always the experience of those of us who have had the misfortune of putting in a claim to our insurance providers.

Companies - How Private are Shareholders' Details?

"Privacy, like other rights, is not absolute. As a person moves into communal relations and activities such as business and social interaction, the scope of personal space shrinks".

Medical Certificates

In terms of Rule 15(1) of the Ethical and Professional Rules of the Medical and Dental Professions Board of the Health Professions Council of South Africa, a practitioner shall only grant a certificate of illness if such certificate contains the correct information.

Meter Wars - A Consumer Strikes Back

You can't fight city hall" (old idiom decrying the futility of trying to fight a bureaucracy) You challenge the accuracy of a services account from your local municipality, thus: "Your meter must be wrong, no way was my consumption that high".

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