Watch What You Say on WhatsApp – The Case of the R20m Lottery Win and the R1m “Offer”

Watch What You Say on WhatsApp – The Case of the R20m Lottery Win and the R1m “Offer”

As WhatsApp use grows exponentially we all need to be mindful of the risks that come with it. One of them is the danger of committing yourself inadvertently to a binding legal obligation. We’ll start off by understanding the basic elements of a legally-enforceable contract in our law, then - with reference to a R1m “offer” made by a WhatsApping father to the mother of one of his children, we’ll discuss the question of “intention to contract”. The father, having won R20.8m on the National Lottery, denied any real intention to offer the mother the R1m. Was his “offer” an…
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What Happens If You Cancel Your Lease Early?

What Happens If You Cancel Your Lease Early?

You sign a two year lease for a nice little apartment (or a large family house if you have a spouse, 3 kids and a dog) but after 6 months your employer transfers you and you have to cancel early. “Fine” says your landlord “but you are breaching your lease and I am holding you liable for the remaining 18 months’ rental”. What are your rights? As is often the case in life, that depends… Check the terms of your lease First things first, generally your most important consideration is this: “What does my lease say about termination?” Most leases…
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The R1m Buffalo That Died:  A Lesson in Passing of Risk

The R1m Buffalo That Died: A Lesson in Passing of Risk

We buy and sell things every day, and no doubt most of us assume that it is only when we become the owner that we take the risk of our purchase being damaged or destroyed.  Not always – in our law, passing of ownership and passing of risk are two different concepts, and although in our day-to-day lives they are normally simultaneous, sometimes they aren’t. What happens then?  The general rule in our law - unless the parties have agreed otherwise - is this – A buyer becomes the owner of a movable asset only when it is “delivered” to…
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Verbal Agreements – The Property Perspective

Verbal Agreements – The Property Perspective

A recent High Court judgment of Abigak 1 General Trading & Investment CC v Gani and Another; Gani and Another v Balkin and Others (1184/16; 6620/16) [2017] ZAGPJHC 126 is yet another reminder of how essential it is to comply with all necessary formalities when entering into any sort of agreement, particularly when dealing with the sale of property. A fight over eviction and a property transfer attack A property was transferred to a buyer in terms of a sale agreement in 2015. The occupants of the property refused to vacate the property on transfer, and when the new owner…
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Potential problems when a contract does not specifically deal with its termination

Potential problems when a contract does not specifically deal with its termination

Even the most experienced businessmen have moments of short-sightedness when conducting business deals which may leave them in hot water. All too often, poor contract craftsmanship or legal oversight is the primary reason for their dismay. For example, what happens when you enter into a contract without express terms governing its termination? This is where the parties found themselves in the case of Plaaskem v Nippon Chemicals (574/13) [2014] ZASCA 73 (29 May 2014) heard in the Supreme Court of Appeal. The facts of the case On 25 February 2005, a contract between Nippon Africa Chemicals (Proprietary) Limited ("Nippon") and Plaaskem…
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