04
Mar '19

political unrest

SASRIA is the only insurer in South Africa that provides cover for damage caused during these kinds of incidents.

The Legal Advice Office received the following query in on Friday.

 “Good morning. I am a business owner in Hermanus and have a query regarding insurance. 

With all the civil unrest which happened in our town during 2018; and although I did not, as yet, suffer direct damage to my business premises or any of my other business assets; I have suffered severe financial loss of income loss. However; I have been wondering whether insurance companies are obliged to pay out insured persons or companies whose property was in fact damaged by these incidents.” 

25
Feb '19

i phone defects

It is irrelevant whether a product failure or defect was latent (hidden) or patent (visible), before taking delivery of the item.

If you’ve bought a defective product, it is comforting to know that, in terms of the Consumer Protection Act (CPA), you as the consumer, are not without remedy. But to investigate your options, you must understand what the CPA provides for and what your legal rights are.

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.

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2458
Email: info@legaladviceoffice.co.za