Category: Roman Dutch law principles

Irrevocable power of attorney: Securing a debt

Smit v Origize 166 Strand Real Estate (Pty) Ltd SCA considered our law stretching back more than 125 years to the point where it was developed and established the principle that a power of attorney given as security for a debt...

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Applying employment law: Two schools of thought

Watching the Senate debates in the USA concerning the appointment of a member of the highest court to replace the recently deceased associate judge it became noticeably clear that there are two distinct schools of thought...

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Actio communi dividundo: Co-ownership of property

Municipal Employees’ Pension Fund v Chrisal Investments (Pty) Ltd In considering the actio communi dividundo the SCA decided there is no closed list of instances of bound co-ownership and if the ‘relationship gives...

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Fiduciary duty breached: Wrongful conduct discussed

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Adopting holistic approach: Balancing interests

A G v L G High Court adopted a holistic approach in exercising a discretion when considering the approach to the husband contributing to the costs but cautioned that an equality of arms must be ‘balanced with maintaining...

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Neighbour law liability: Stormwater and eavesdrip

PADCA v Redlands Development Projects (Pty) Ltd Interesting consideration of common law claims, including neighbour law.  Whilst concurring in the majority judgment Wallis JA considered issues arising from the actio aquae...

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