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Sectional Title Schemes: Liability for structural repairs to the common property

Owners of sectional title units are often confronted with the question of whether they have recourse against the body corporate for defects to the foundations of the buildings in the scheme. Problems with the foundations often manifest in the ground floor concrete slab, causing damage to units on ground floor level.

If the damage had been caused by subsidence or landslide, the insurance cover issued to the body corporate should solve the problem. However, if the damages are as a result of a design fault or poor workmanship when the buildings were constructed, a claim will probably be repudiated as not being events covered by the insurance... Read More

Labour Law: Resignations and the parties’ contractual obligations

Many employers often find themselves in a predicament when employees resign without adhering to the notice periods stipulated in the contract of employment. In order to address the recourse available to employers, it is important to first look at what legislation prescribes for notice periods.

1. Notice periods

A reasonable notice period that either party in an employment relationship needs to abide by is derived from common law, however section 37 of the Basic Conditions of Employment Act 75 of 1997 (BCEA) has specifically developed the common law and makes specific provision for notice periods... Read More

Shipping Law: The significance of underwater cultural heritage and conflicting legal interests

During April 1998, excavations for the construction on an office building near the San Rossore train station in the classical port of Pisa revealed nine Roman ships and confirmation that the harbour was one of the greatest ancient Mediterranean ports. The discovery of the vessels, which include a warship, together with their ancient cargo and remains of a Roman soldier and his dog, will allow marine archeologists to extend their knowledge of Roman shipbuilding techniques and of classic trade. The cost of excavation and the restoration process is estimated at $6 million... Read More

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