by VDT Attorneys | May 29, 2024 | Medical negligence, Prescription
Prescription is in most cases a relatively straightforward question to answer. You have three years from when the debt (cause of action) became due to institute the legal action, and if not, the claim is deemed to have prescribed. But, when dealing with medical...
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 | 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 | Jan 6, 2021 | Dispute resolution, Prescription, Surety, Suretyship
To answer your question, we must explain some of the terminology. “Prescription” is a legal principle in terms of which a debtor’s liability to pay an outstanding debt is extinguished after the passing of a prescribed time period. The Prescription Act 68 of 1969...
by VDT Attorneys | Aug 25, 2020 | Credit agreements, Prescription, Suretyship
Suretyship is accessory in nature, which is what differentiates it from other contracts of indemnity such as insurance. This means that suretyship only comes into being if there is a valid principle debt, or primary obligation. The accessorial nature of suretyship,...
