WHEN IS A CONSUMER ENTITLED TO A REFUND?
Despite tough economic circumstances amidst the COVID-19 pandemic, shops continue to advertise big sales, discounts, and promotional offers. Whether it is Black Friday, Boxing Day, or just an end-of-season sale, there seems to always be a reason for a sale. The question that the consumer may have is: What if I buy something, on a sale or otherwise, and later change my […]
THE CONDICTIO INDEBITI: THE EXCUSABLE MISTAKE
South African law makes provision for the fact that a person should, in principle, be entitled to institute an action for restitution where their estate was impoverished without justification. An action for unjustified enrichment may exist if a Plaintiff transferred value to the Defendant and: The Defendant was enriched; The Plaintiff was impoverished; The Defendant’s enrichment was at the expense of the Plaintiff; The enrichment […]
HAS YOUR BRAAI BEEN APPROVED?
Every HOA has applicable building guidelines which are stipulated in a Constitution or Memorandum of Incorporation (“MOI”) which every homeowner should be made aware of, read and understood. The guidelines will differ from estate to estate and it is important for the homeowners to adhere to these provisions. When one wants to erect a building […]
HIT AND RUN MOTOR VEHICLE ACCIDENTS
The reality of motor vehicles accidents is that parties to the accident sometimes flee the scene of the accident without identifying themselves or their vehicles. Arguably, negligent drivers escape the scene in order to avoid liability for the ensuing damages. The injured third party is, however, not left without recourse. A third party that has […]
RECONSIDERING SELF DEFENCE
Private defence, which is commonly and more narrowly referred to as self-defence, is probably the first type of defence you will come across in your life, whether it be defending yourself against bullies in school or elsewhere later in life. In South African law, though, the issue of private defence is still a contentious matter. […]
EXCLUSIONARY CLAUSES IN HOSPITAL CONTRACTS
The CPA contains certain outright prohibitions on the terms that can appear in contracts, the so-called “blacklist items”. Section 5(1) of the Act provides that a supplier (doctor/hospital) must not make a transaction or agreement subject to any term or condition if it directly or indirectly purports to waive or deprive a consumer (patient) of […]
HAVE YOU HIRED THE WRONG PERSON FOR THE JOB?
When a company grows, the number of employees grows too and while this is an exciting venture, the pressure to fill new positions may lead recruiters to hire someone who does not fulfil the role at all. The decision to hire someone undesirable can be called a “bad hire”. The unfortunate part of this mistake […]
POST-LOCKDOWN PROPERTY
At the end of the national lockdown, many South Africans will have gotten to know their properties better than the architects who designed them. For some, this time will lead to ways they plan to improve their homes, for others, it will leave them desperately wanting to never see the same four walls again. But […]