by VDT Attorneys | Jan 16, 2024 | Claim, Expiry of claim, Latent defects, Prescription
In short, the answer is ‘yes’, but there is a time limit for you to institute legal action against the previous seller, and it would also need to be defects that are worth instituting a claim for. In this article, we will not entertain the type of defects you can...
by VDT Attorneys | Nov 6, 2023 | Claim, Deceased Estate, Maintenance, Surviving spouse
When a person passes away, the executor administers their estate in terms of the deceased’s will or where there is no will, in terms of the Intestate Succession Act 81 of 1987. In both cases, the estate assets will be used to pay for claims against the estate and any...
by VDT Attorneys | Nov 6, 2023 | Antenuptial contract, Antenuptials, Claim, Maintenance
Section 7(2) of the Divorce Act 70 of 1979 is the point of departure in any question of spousal maintenance in divorce actions. This section sets forth the factors upon which a court will rely when considering a claim for spousal maintenance, the amount payable and...
by VDT Attorneys | Feb 28, 2023 | Claim, Organs of State, Prescription
When wishing to institute claims against the state, the first step is to take note of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 (“the Act”). This Act provides that a creditor may not institute legal proceedings against an...
by VDT Attorneys | Nov 22, 2022 | Claim, Illegal foreigner, RAF
During June 2022, the Road Accident Fund (“RAF”) published a new directive in terms of which a claim by a foreigner for compensation following a motor vehicle collision will be rejected if they cannot prove that they were legally in the country. The newly gazetted RAF...
by VDT Attorneys | Apr 13, 2022 | Car accident, Claim, Damages, RAF
The Road Accident Fund Act No. 56 of 1996 (“the Act”) established the Road Accident Fund. This Fund, referred to as RAF, serves the purpose of payment of compensation in accordance with this Act for loss or damage wrongfully caused by the driving of motor vehicles. It...
