For a lease to be binding there are various essential conditions which need to be defined and agreed upon between the parties. If any one or more of these essential conditions are missing, there is no binding lease. These essentialia include the thing leased, the...
As published in Business Day’s September 2024 Business Law and Tax Supplement. In a recent Supreme Court of Appeal judgment [1], the Court dealt with a situation where the Appellant had received a payment from the Road Accident Fund into an inter vivos trust...
As published in Business Day’s September 2024 Business Law and Tax Supplement. A recent Supreme Court of Appeal judgment highlights the unpleasant long-term consequences which can arise when families do business together without carefully thinking through what...
Any legal entity (company, CC or trust) requires a resolution to be signed by its decision makers to authorise an individual to sign any required documentation. In the case of a company or CC, the resolution can be signed at any point before or after the documentation...
In a recent case heard by the Supreme Court of Appeal, a large residential development in Johannesburg which has the privilege of a river running through it, found itself in the undesirable position of not knowing which authority to turn to for assistance after...
