Tag: Patrick Bracher
The elements of defamation
The Johannesburg High Court discussed the balance between the constitutional right to freedom of expression and the required respect for inherent dignity ‘to all human beings’.
Conduct of Financial Institutions Bill published
The draft Conduct of Financial Institutions (COFI) Bill has been published by the National Treasury for comment. Comments will be accepted until 1 April 2019.
Fraudulent misrepresentation defeats voetstoots clause in sale
Where a seller had fraudulently failed to disclose a defective roof and sewerage system covered by buildings constructed without required statutory approval he was successfully sued in delict for fraudulent misrepresentation and fraudulent nondisclosure.
Can a contract be cancelled if mostly paid?
The cancellation of a contract will not be justified where most of the price already paid and restitution unlikely. The question is whether the breach is so serious that it is fair to allow the innocent party to cancel the contract and undo all its consequences.
You are lying!
How to politely tell someone they are lying. In a recent case which went through two courts in the UK relating to a ‘fiscally clandestine organisation’, the evidence of the various ‘utterly dishonest’ witnesses was described in the following phrases.
Prescribed interest rate now 10%
The prescribed rate of interest has been changed with effect from 1 May 2018 to 10% per annum. The previous rate was 10.25%.
Road Accident Fund liability in single vehicle accident
Dependants can’t sue Road Accident Fund where breadwinner dies in single vehicle accident. The surviving wife and children of a breadwinner sued the Road Accident Fund for damages when he died as a result of a single vehicle accident in which the deceased’s negligence was the sole cause of the collision.
Your Uber rights?
When you sign up for the Uber app you get the right to use Uber’s mobile application or website to arrange and schedule transportation or delivery services. Uber does not provide transportation nor logistical services as a carrier of people or goods. That relationship is between you and the Uber driver or owner.
Autonomous vehicle liability?
If an accident is caused by an automated vehicle when driving itself, whilst insured, and it causes anyone to suffer damages, then is the insurer liable for that damage caused? If the vehicle is not insured is the owner of the vehicle liable for the damage?
Robo-directors in the boardroom!
Patrick Bracher | Director | Norton Rose Fulbright | mail me |
Artificial intelligence (AI) is rapidly developing and may in the future get a seat...

























