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Contract Law: Applying the abstract theory in property transfers

In transactions where immovable property is sold and transferred, ownership will only be transferred when there is an agreement of sale (which may be regarded as the “underlying transaction”) and upon registration of the deed of transfer.

There are two theories that relate to the transfer of property, namely the causal theory and the abstract theory. South-African law follows and applies the abstract theory.

We may differentiate between the abstract and causal theory when it concerns how real rights are transferred... Read More

Employment Law: Disclosing information during the interview process

Before taking on a new employee, it is natural that an employer would like to get as much information as possible about the candidate before making the decision to hire. We need this information to determine whether the person possesses the necessary skills to do the job they are interviewing for, to ascertain whether the person would be a suitable personality or culture fit for the business, and to determine whether there are any personal or other issues that could interfere with the person’s ability to perform their duties... Read More

Exemption Clauses: Changes in the Legal Landscape

Much has changed in the legal landscape surrounding exemption clauses from when the landmark case of Durban’s Water Wonderland (Pty) Ltd v Botha 1999 1 SA 982 (SCA) was decided. In that case, the court had to decide on the enforceability of a disclaimer notice when the plaintiff and her daughter were flung from a jet ride in an amusement park. The SCA held that, since the defendant had done whatever was necessary to bring the notice to the attention of the plaintiff, the notice could be incorporated into the contract between the plaintiff and defendant, and the disclaimer notice was upheld... Read More

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