by VDT Attorneys | Dec 3, 2024 | Appeal, Dispute resolution, Sale in execution
What is a sale in execution?When parties approach a civil court, the court may issue a judgment requiring the judgment debtor to either perform a specific act or pay a specified sum of money. In cases where the judgment debtor is ordered to pay a sum of money, a sale...
by VDT Attorneys | Sep 2, 2024 | Dispute resolution, Home Owners Association, Property Development
When purchasing property in an estate one may be required to form part of the Homeowner’s Association (HOA) whose key obligation is to apply and enforce regulations and procedures agreed upon in the HOA’s constitution (Memorandum of Incorporation). The HOA may...
by VDT Attorneys | Jul 23, 2024 | Agriculture, Dispute resolution, Fire danger, Fire danger ratings, Health & Safety
Chapter 3 of the National Veld and Forest Fire Act, Act 101 of 1998 (“Act”), provides for the prevention of veldfires through a fire danger rating system. Section 9(1) of the Act provides that the Minister of Agriculture, Forestry and Fisheries, must prepare and...
by VDT Attorneys | May 1, 2024 | Arbitration, Commercial contracting, Dispute resolution, Mediation
The most common dispute resolution mechanisms that can be relied on for contracts include alternative dispute resolution mechanisms and litigation procedures. The first prize however is always that contracting parties can reach an amicable resolution amongst...
by VDT Attorneys | Feb 21, 2024 | Dispute resolution, Employer liability, Vicarious liability
Vicarious liability is a form of strict liability in terms of which one person may be held liable for the wrongful conduct of another without it being the fault of the former. The former is thus held indirectly or vicariously liable for the damage caused by the...
by VDT Attorneys | Oct 20, 2023 | Construction, Dispute resolution, Property Development Projects
Firstly, it is important to note that a verbal agreement is valid, binding and enforceable unless, in terms of law, a written agreement is required, such as a property sale agreement. Construction contracts relating to renovations however are not normally agreements...
