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Civil Litigation & Debt Collection
For those with pets, one would instantly get a rush of blood to the head seeing their pet loitering in the yard with blood on its mouth. This can mean two things, either the pet got injured or it is the one that inflicted the injury. Both scenarios bring shivers through the spine, but it is the latter that may bring more reason to worry. Am I liable, would be the instant question? Liability in such scenarios – does it automatically kick in?
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It is during the festive season and holidays where law enforcement agencies are most visible on the roads. This is obviously because a lot of people are on the roads traveling to various holiday destinations.
As the December festive holiday spirit creeps in slowly, it is a hive of activity as the roads begin to get busier by the week. Usually, this phenomena peaks towards the final week just before the Christmas holiday, but due to the effects of the pandemic and people working from home, some people have found it convenient to travel earlier to avoid traffic congestion.
The unlawful eviction of persons from a property frequently results in grievous consequences. To avoid such, the law requires that evictions be done in a lawful manner.
For those who have visited the desert and experienced sand dunes, you have probably seen how quickly their shape changes as the wind blows over them. Some of you have been to the beach and probably written names of your loved ones in the sand along the shoreline, only to have them washed away by an incoming wave. In both cases, what was written or seen is no more.
Welcome, this is the risk of a verbal contract.
There are indications that not many individuals and entities were aware of SASRIA until only recently after the political riots in some parts of KwaZulu Natal and Gauteng.
The South African Special Risks Insurance Association (SASRIA) is a state-owned company under the National Treasury, listed under 3B of the Public Finance Management Act 1 of 1999, as a non-life insurance company. It provides cover to individuals, businesses and government entities that have assets in South Africa against loss due to special risks that are not normally covered by private insurance companies.
Firstly, it must be noted that the premise upon which the law of contract stands is of course the principle of freedom to contract. Parties are at liberty to agree and enter into any contract provided that they have capacity, consent, and that the object (subject matter) of that contract is not unlawful.
Thousands of claims are lodged with the Road Accident Fund each year and while many of them do actually get paid out, a good number do not. Various reasons owe to this phenomena and despite efforts by the Road Accident Fund to conduct public awareness and road shows to educate the public, many claims still get rejected due to not meeting the requirements.
Amongst key challenges is balancing economic activity on one hand, while ensuring that the pandemic is kept under control. In this vein, the measures in place as announced by government right from the beginning of the Lockdown Restrictions in March 2020 have had one underlying factor, that all services and economic activity which can be executed remotely, be encouraged to do so.
Time and again in our work we receive questions with regards to Community Schemes and the Schemes Ombud (CSOS).
In this brief article, we will address a few of the pertinent questions that we receive from some of our clients and members of the public at large.
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