17
Feb '19

 Business rescue or liquidation

What is the difference between the two legal processes?

In the current tough economic trading conditions; there are many businesses that are under severe financial pressure.

Yesterday we received the following query and will again try to answer the question put to us here in this blog.

 “My family business is a company and has been operating successfully for nearly 20 years. Over time I’ve also managed to get a few investors to invest money in the business. 2018, however, has been really tough and we are struggling to make ends meet. I feel that we have arrived at a point where its decision time about the future of the business and how to manage it. I was wondering whether you can advise me as to whether or not liquidation is the best route to follow and perhaps you might advise me to rather consider the option of business rescue. Could you please also explain the difference between these two options?”

10
Feb '19

Fire on property

When is a landowner responsible for a fire that spreads beyond his property?

Property damages claims:

Here, in the Western Cape; it is now “Fire Season”; and the local authorities have their hands full with seasonal wildfires.

Some of them have been devastating and Bettys Bay lost more than 40 dwellings in a wildfire a few weeks ago; which was fanned by gale force winds. That fire was allegedly started as a result of a man deliberately or negligently firing a flare onto the mountainside above the holiday town. He has now appeared in the Caledon Magistrates Court and faces a string of charges.

05
Feb '19

Early Termination of Leases and Fixed Term contracts
To Stay or To Go: Is it Worth it?

Lease cancellations:

Section 14 of The Consumer Protection Act No 68 of 2008 (CPA):

In our last blog, we looked at the wording of the whole of section 14 (3) and commented extensively on its content and the background to the section.

Today we will concentrate on section 14 (4) of the CPA and also comment on section 14 as a whole as it relates to a fixed term contract and particularly the cancellation of lease agreements.

29
Jan '19

cancel fixed term contarct 

As a consumer, be sure to calculate the consequences of early cancellation of your contract

 Lease cancellations:

 Section 14 of The Consumer Protection Act No 68 of 2008 (CPA):

In our last blog, we looked at the wording of the whole of section 14 (2) and commented on its content and the background to the section.

Today we will concentrate on the whole of section 14 (3) of the CPA and also regulation 5.

22
Jan '19

fixed term lease duration

 If the consumer has not made the election by the expiry date, the agreement will continue automatically on a month-to-month basis.

Section 14 of The Consumer Protection Act No 68 of 2008 (CPA):

In our last blog, we looked at the wording of the whole of section 14 (1) and commented on its content and the background to the section.

Today we will concentrate on section 14 (2) of the CPA and also regulation 5.

14
Jan '19

Franchise Lease Termination

Certain TIME-SHARE AGREEMENTS are not “fixed term” agreements as they have no term. 

Lease cancellations:

Section 14 of The Consumer Protection Act No 68 of 2008 (CPA):

In our last blog we looked at the wording of the whole of section 14 of the CPA and also at the full wording of regulation 5.

Today we will concentrate on section 14 (1) of the CPA.

10
Jan '19

time termination of lease

Get insight into both the Common & Consumer Law before terminating a commercial lease agreement earlier

 When one has an issue with a commercial lease agreement and especially where one wants to terminate the agreement early one has to have insight into both the Common Law and Consumer Law.

 During the course of this month, we intend concentration on this aspect of consumer and commercial law.

The Consumer Protection Act No 68 of 2008 (CPA):

In the above context and as per our opening statement above; there are two important aspects of the CPA which need to be applied.

02
Jan '19

seed company

 The case may be the condition stipulated by the producer or importer, distributor or retailer

The Consumer Protection Act No 68 of 2008 (CPA):


What are your rights in terms of the Common Law read together with the CPA? Section 56(4).

We have been looking at section 56 of the CPA and in our last blog dealt with section 56(3) and repairs and your rights after a repair.

We now turn our attention to section 56 (4) which deals with your residual common law rights.

24
Dec '18

defective vehicle

If a further failure is discovered, the supplier must either replace the goods or refund the consumer.

Section 56 (3) of the Consumer Protection Act, No 68 of 2008 reads as follows:

“If a supplier repairs any particular goods or any component of any such goods, and within three months after the repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must: - (a) replace the goods; or (b) refund to the consumer the price paid by the consumer for the goods.”

17
Dec '18

repaire replace refund

Within six months after the delivery, the consumer may return the goods to the supplier, without penalty

The Consumer Protection Act No 68 of 2008 (CPA):

Section 56(2):

In our last blog, we had a look at section 56 (1) of the CPA especially as it relates to the purchase of defective or damaged motor vehicles which have been bought by a consumer from a service provider.

Today; we turn our attention to section 56 (2) of the CPA and we will be looking at this important section.

This is a long blog which I was initially going to do over three blogs, but have decided to complete it in one long blog so as to keep continuity. I hope you do not mind.

The reason for this is that this subsection is probably the most important when it comes to your choices in the event of you having bought a defective motor vehicle or any other product for that matter.

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