Policy considerations underlying a finding of wrongfulness in delictual cases.

An Article by Advocate Ivor Heyman (Protea Group), 26 June 2019 A recent judgment by Unterhalter J in the South Gauteng High Court has highlighted the difficulties of deciding whether a defendant’s behaviour is wrongful, and therefore makes out a claim for...

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The Court’s view on Disclaimers and Exemption Clauses.

An Article by Advocate Ivor Heyman (Protea Group), 15 May 2019 Much has changed in the legal landscape surrounding exemption clauses from when the landmark case of Durban's Water Wonderland (Pty) Ltd v Botha 1999 1 SA 982 (SCA) was decided. In...

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Social Media – a Clash between Freedom of Expression and Privacy?

An Article by Advocate Ivor Heyman (Protea Group), 29 April 2019 Our courts have recognized that freedom of expression is necessary to create and maintain a democratic society.  Section 16 of the South African Constitution provides that everyone has the right to...

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What is an Attorney’s liability for the misconduct of a partner in his/her law firm?

An Article by Advocate Ivor Heyman (Protea Group), 12 July 2019 A recent judgment by Rabie J and Moultrie AJ in the North Gauteng High Court has emphasized the responsibility of an attorney to detect a partner’s misconduct and prevent occurrence of harm....

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Evidence obtained unlawfully from Facebook – does it infringe the right to privacy?

An Article by Advocate Ivor Heyman (Protea Group), 6 May 2019 Does an aggrieved party have a right to privacy when evidence about him has been obtained unlawfully obtained from Facebook? In the recent case of Harvey v Niland 2016 (2) SA 436 (ECG),...

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Transferring Title On A Property – When To Consult A Conveyancer

Buying a property will most likely be the biggest purchase you make and it is an investment in your future. There are many pitfalls that could delay the transfer of ownership and potentially also cost you a lot of...

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Your Guide To Purchasing Commercial Property In South Africa

There are a number of advantages to purchasing a commercial property as opposed to renting premises. Before making the decision to purchase consider which option is best for your business and which is more affordable in the long run. Buying...

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