Tag: Patrick Bracher
Deepfakes & legal evidence – how will the quest for authenticity...
In a 1745 English judgment Lord Hardwicke stated, “The judges and sages of the law have laid it down that there is but one...
BusinessBrief April/May 2024 edition is now available!
Read our exclusive cover story titled Deepfakes & legal evidence – how will the quest for authenticity be navigated? by Patrick Bracher, Director, and...
A contractual non-variation clause means just that
The Supreme Court of Appeal has reaffirmed that if a written contract provides that any variation of its terms must be in writing, any purported variation by the parties which is not in writing will be void. Trying to get around the non-variation clause by relying on estoppel was not successful.
If you copy and paste or chat to AI acknowledge your...
In a recent finding by the CCMA the Commission upheld the dismissal of a university senior academic who had copied and pasted blocks of borrowed material into a published article without acknowledging the sources.
A forklift is a motor vehicle as defined in the Road...
The Supreme Court of Appeal held in June 2023 that a forklift is not a motor vehicle as defined in the Road Accident Fund Act of 1996 which defines a ‘motor vehicle’ as “any vehicle designed or adopted for propulsion or haulage on a road by means of fuel, gas or electricity …”.
A settlement concluded in full and final settlement of all matters...
A February 2023 Labour Appeal Court judgment interpreted a settlement agreement that agreed to the “full and final settlement of all matters between” the parties and “in full and final settlement of all and any claims which the parties may have against each other”.
Prescription runs from the date of acceptance of repudiation of a...
The Supreme Court of Appeal held that where one party to a contract repudiates the contract by expressing an intention not to be bound by their obligations, extinctive prescription to defeat a claim for damages or performance runs from the date that the other party accepts the repudiation and cancels the contract.
Who decides whether an arbitration agreement is valid – the court...
In a dispute over whether an arbitration could be held to resolve the dispute between the parties, one party alleged that the arbitration agreement itself did not exist for lack of agreement between them.
Hot tub expert evidence catching on
Evidence of experts in dispute hearings can be dealt with efficiently by using the ‘hot tub’ method to deal with disputes issue-by-issue rather than expert-by-expert.
No lease renewal unless the rent is fixed by the parties...
An option to renew a lease at a rental to be agreed between landlord and tenant, failing which to be determined by a third party, was not validly renewed by the lessee offering an increased rent that was unacceptable to the landlord and then not invoking the process for third party determination.
