Legal Articles | All posts archived in 'March 2022' — Page 2

 

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From monthly archives: March 2022

We are pleased to present below all posts archived in 'March 2022'. If you still can't find what you are looking for, try using the search box.

Defending A Claim Based On A Deed Of Suretyship

Suretyship agreements are a commercial necessity in befitting circumstances. Credit providers usually require security/guarantee on their credit facilities, especially on unsecured debt. It is not only on credit facilities where guarantees are required, sometimes parties undertaking business projects require suretyship agreements to secure the timeous completion of their projects. However, the approach taken in this article will assume that the surety agreement is one attendant to a credit facility.

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Paying For The 'Sins' Of The Other - Vicarious Liability

The concept of vicarious liability is an established principle in our law, it is important for parties engaged in litigation where vicarious liability is pleaded to be wary of what must be proven, or the defences that may be available. In this article we discuss the principles around vicarious liability from a litigation perspective.

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When The Executor Executes Without Consent

Notwithstanding the fact that an Executor of a deceased estate acts as per the authority of the Master of the High Court, to superintend over the administration of the deceased estate, it is not without restrictions. Executors have a wide discretion in this process but that their actions and decisions must be within what is permissible at law and as per the Master’s directives. 

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How The Judiciary Sees Fiduciary Duties

The Directors of a company and Trustees of a Trust owe a fiduciary duty towards the company or trust. It is required that they perform their responsibilities and duties with care, skill, in good faith and with diligence. Where it is found that a director or Trustee was grossly negligent or utterly reckless in the discharge of their duties, they may be removed from such capacity and in some circumstances personal liability may be attributed to them either by the company or beneficiaries of the trust.

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Why It Is Important To Execute An ANC Before Any Customary Rites

In various decided cases, our Courts have pronounced some interesting legal principles with regards to customary marriages, which are binding in South Africa. It was decided in the case of Mbungela And Another v Mkabi And Others (820/2018) [2019] ZASCA 134 that lobola does not necessarily require to have been paid in full in order for a customary marriage to be valid, as long as other requirements were complied with. The same case (Mbungela) and the case of Tsambo v Sengadi (SCA) (unreported case no 244/19, 30-4-2020) it was also upheld that the handing over of the bride is not indispensable.

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