Tag: negligence
Legal reforms needed to combat unauthorised image use
If your image (physical image, voice, signature, likeness, etc.) has been used without your consent for commercial purposes, especially in the absence of a contract, proving your case in court would be difficult because South African law does not recognise the existence of a distinct image right.
Tenant eviction – what are your rights as landlord?
For most landlords, tenant evictions are a last resort, due to the substantial expense, lengthy time and emotionally taxing nature of this complex process. However, with the Q2 2023 PayProp Rental Index revealing that the number of tenants in arrears has risen to an alarming 18.4% - the highest figure recorded since 2021 - many have found themselves with no choice but to seek legal recourse.
Sectional title schemes – maintenance remains a thorny issue
Ask any sectional title body corporate what keeps them awake at night, and the recurring issue of maintenance – and who’s responsible for it – is most likely the answer. The solutions are often far from straightforward. According to the Sectional Titles Act, the body corporate is responsible for the maintenance of the sectional title’s common property, which includes the outside of buildings, roofs, common gardens and parking bays, driveways, security systems, and shared amenities.
The test for negligence
The test for negligence is straightforward and summarised in the frequently cited judgment of Kruger v Coetzee 1966 2 SA 428 A at 430 E-H.
New wave of fraud targeting bank customers
There are two recent matters that were investigated by our office where two private banking customers fell victim to the same scam under the exact same circumstances. The story behind convincing the victims to disclose their confidential banking information was new. However, the basic scam remained the same, as did the results.
COVID-19: short-term closure of plants or premises can pose risks
Many companies are having to shutdown their premises temporarily at short notice due to the COVID-19 pandemic. Improper action or negligence when decommissioning buildings and production facilities brings risks for companies. Mothballed factories or offices are by no means safe from fire or other hazards – in fact such risks can be exacerbated when premises are idle or largely unoccupied.
