Mc Naught & Co
Making Sales Valid
In a recent High Court judgement the Court re-affirmed that alterations to sales agreements need to be agreed by all parties for the agreement to be valid.
Where an offer made by a buyer is accepted by the seller subject to certain alterations to the terms being made, if the buyer in turn does not accept these alterations, there simply is no sale. In the case before Court the buyer had paid his deposit before noticing the alterations and then demanded his deposit back which the seller refused. The Court confirmed that the alterations had never been brought to the buyer’s attention nor accepted and as there was therefore no sale, a full refund of the deposit to the buyer was due.
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Wrongfulness and Legal Duty
A recent judgment was passed in the Supreme Court of Appeal, the facts to the case itself are indeed interesting, especially for pet owners. The claimant in the matter, arranged with her friends for a weekend of leisure at the Harmony Park Resort, a day camp (the Day Camp) situated at Strand in the Western Cape. The Day Camp was a public facility under the control of the defendant, the City of Cape Town.
SA Divorces up by 20% since Lockdown Level 4
Courts around South Africa are battling a surprising divorce backlog. This is such a problem that a plan to fast-track annulments of more than 11 000 failed marriages in Limpopo alone has had to be devised. Limpopo is not the only province with a heavy load of divorce applications. The South Gauteng High Court heard 33 unopposed divorces last Friday.
Are Mothers’ rights more equal than Fathers’?
Parental Responsibilities and Rights are under the spotlight today. The Children’s Act 38 of 2005 has attempted to focus our society and courts’ attention on the interests of the child which are paramount in any custody or contact dispute between parents.