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Daily Archives: April 25, 2024

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Rising Damp and Failed Waterproofing: How to Sue the Sellers

PropertyBy LawDotNewsApril 25, 2024

“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true facts does not constitute a lack of knowledge” (Extracts from the judgment below) Consider…

The Pothole Plague – Claiming Damages

Delict and Civil ClaimsBy LawDotNewsApril 25, 2024

“If cars are required to be roadworthy, shouldn’t roads be required to be car-worthy?” (Online meme) If you fall victim to a pothole-infested road, don’t hesitate to sue for your losses. A recent High Court victory for a motorist claiming R8.6m in damages confirms yet again that those charged with maintaining our roads can be…

In the Land of the Will, Clarity is King

Wills and Estate PlanningBy LawDotNewsApril 25, 2024

“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.” (Quoted in the judgment below) When drawing up…

Lending to a Friend or Relative – When Must You Register as a Credit Provider?

Credit LawBy LawDotNewsApril 25, 2024

“In life, we never lose friends, we only learn who the true ones are” (Unknown) Lending money to a friend or family member in need sounds like a natural and informal sort of thing to do. But beware – if relations sour and your friend/relative can’t or won’t repay you, you may not be able…

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