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The distinction between negligence and gross negligence.

It is vital that companies understand the difference between negligence and gross negligence as this could be the difference at an enquiry of being in a position to find an employee guilty of the charge.

ARE YOU BUYING A PROPERTY?

If you are purchasing a property, and especially for the first time, you may not be aware that generally none of the players in the property market are specifically appointed to look after the interests of the purchaser, unless of course the seller agrees that the purchaser may appoint their own attorney. Generally, the transfer attorney acts for the seller, although he/she does have a duty of care in respect of the purchaser, the agent generally acts for the seller, the bond attorney is appointed by the bank and has the banks interests as their foremost priority.

Landlord and Lessee rights when a tenanted property is sold

As a tenant occupying a property that is about to be sold, are you obliged to move out once the property is sold, or are there rights that protect you?

Protection of Personal Information

There is nobody who has a cell-phone that has not been the victim of a constant stream of telephone calls from businesses marketing themselves and their products as "the next big thing". Many of us find ourselves constantly explaining to the person on the other end of the line - whose job it is to harass the list of potential clients they are given on a piece of paper on a daily basis - that we do not require the product they are offering. The question we often end up asking ourselves (and sometimes the telemarketer) is: How did you get my number?

Barking mad: Noisy Neighbours and your rights.

Your neighbours' dogs are barking all day and night, keeping you and your family out of much needed sleep. Do you have to accept this sleep deprived life and just put up with it, or do you have rights too?

Overreaching by Attorneys - Don't be the next victim

The legal profession is probably one of the most joked about professions you can get. The common theme of such jokes tends towards painting lawyers as being dishonest, greedy and self-absorbed.

EARLY TERMINATION OF FIXED TERM

Much has been said concerning justifying the use of a fixed term contract for employees earning below the threshold. (Currently R205 433.30). Whilst the Labour Relations Act (LRA) sets out the principles in this regard, the LRA does not specify whether such a contract may be terminated prior to the date specified in the contract.

HOW INTERESTING! Claiming interest on late payment for provision of goods or rendering of services

Almost all suppliers, whether functioning as a service provider, or as a provider of goods will at some point have to deal with late payment from the consumer for the goods or services provided.

Consumer Rights Regarding Expired Products

We have all bought something from our local grocery store that was beyond its "sell by" date. Some of us have also experienced the misfortune of having consumed the product and fallen ill as a result. The question is, what do the different dates on the packaging mean, and what rights do we have to fresh products?

Do Squatters have rights? And how does this impact on you if you are the property owner?

Much has been made of "squatters rights" , often by media sources, to the point that many people (mistakenly) believe that squatter have the legal right to occupy someone else’s property indefinitely.

Defamation

We live in a time where the law openly professes to protect our human rights, our personal feelings and our beliefs. Coupled with this, we have been given various platforms, such as Facebook, Instagram, LinkedIn and other forms of social media which freely give us the opportunity to express our views, opinions and beliefs openly to a large scale of other social media users.

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.

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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