Alternative dispute resolution (“ADR”) processes are cheaper, more efficient, less stressful and more interactive than traditional civil litigation. Its flexible and informal processes make ADR an attractive alternative. The degree…
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Shopping season is upon us! With the festive season approaching and the annual “Black Friday” around the corner. South African consumers should be aware of their rights when purchasing defective…
When consumers buy products with the intention of the long-term use thereof, they typically enquire as to the warranty or guarantee of a product. This typically occurs when buying products…
It is a common understanding that in the workplace, there exists an inherent, unequal and often unavoidable bargaining power relationship between employers and employees. The many permutations of the kinds…
A partnership is a business relationship which is potentially more binding and sometimes much more all-consuming than that of a marriage. Partnerships may take many different forms, but the underlying…
If you are considering or you are in the process of merging or amalgamating two companies, the Companies Act 71 of 2008 (“Act”) prescribes certain sections that need to be…
The civil litigation procedures in South Africa can be costly. Given the nature of the legal system having numerous drawn out and postponed court appearances, alternative dispute resolution procedures are…
Arbitration is a speedy process as well as a cost-saving mechanism given how long civil litigation takes in South Africa. Another reason for arbitration is that arbitrators can be assigned…
The court of first instance in Richter v ABSA Bank Limited SCA (unreported case no 20181/2014, 1-6-2015) held that it is not possible to apply for business rescue after a…
Unnecessary legal costs and court resources are wasted when Rules, in the case of substituting a defendant, are informally disposed of. Substitution of a defendant without prior and proper notice…
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