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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

Shipping Law: Co-ownership in Unregistered Vessels

Section 15 of the South African Ship Registration Act 58 of 1998 provides for ownership of shares in a South African ship by co-owners.

Registration of vessels on the SA Ship Register (as opposed to mere SAMSA certification) and the shares therein has various benefits, including a public recordal and prima facie proof of ownership in the vessel. It also allows the vessel to legally sail beyond the South African territorial waters as well as various other legal benefits and consequences... Read More

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