Monthly Archives: March 2014

Property Law: A seller’s liability for the non-fraudulent misrepresentations by an estate agent

It is often disputed that misrepresentations made by an estate agent in the sale of property bind his or her mandate.

A contracting party who seeks relief on the basis of a misrepresentation or misstatement must establish the following elements:

a precontractual incorrect statement; which was material or wrongful (unlawful); made by the other party to the contract (or someone for whom he or she is responsible); with the intention of inducing the contract; and which induced the contract or caused the other party to suffer loss... Read More

Law of Contract: The legal status of emails: Spring Forest Trading CC v Wilberry (Pty) Ltd t/a Ecowash and Another

Do emails have the same legal status in law as paper-based documents and conventional  signatures? This question was addressed in the Spring Forest Trading-case.

Two parties, Wilberry and Spring Forest, entered into several agreements in terms of which mobile dispensing units were used in Wilberry’s car wash business.

Following a dispute, the validity of the cancellation of a number of agreements between the parties by exchange of e-mails, was relevant. The agreements contained the standard clauses providing that the agreements may only be cancelled in writing and signed by the parties... Read More

Employment Law: Pregnancy and women in high risk areas

Introduction

Many employers operating in hazardous and high risk industries often find themselves in a predicament when they deal with pregnant employees employed in positions that are in high risk areas and are deemed hazardous. The employer in many instances is torn when faced with two contravening provisions in law.

Section 6(1) of the Employment Equity Act states that:

‘No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground’

Section 26 of the Basic Conditions of Employment Act further states that:

‘No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child... Read More
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