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Owners of rental properties will be pleased to take note of the hard-hitting comments made by a judge of the South Gauteng High Court in a recent matter involving an application for the eviction of illegal tenants from a building in Johannesburg. In his judgment, Willis J mentioned obiter that there is effectively only one legal remedy for the unlawful occupation of immovable property, namely an eviction order. |
| 19/10/2010 |
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As long ago as 1964 the Supreme Court of Appeal laid down a principle which has consistently been applied in our law of contract. The so-called Shifren principle provides that a contractual non-variation clause is valid and effectively entrenches both itself and all other terms of the contract against an oral variation thereof. Simply put, where such a non-variation clause appears in a contract, no variation or amendment thereof will be valid or binding between the parties unless they have reduced such variation or amendment to writing. In most instances, non-variation clauses also require that the variation/amendment so reduced to writing must be signed by both parties and/or their representatives. |
| 19/10/2010 | Posted in: All Contractual Matters and Commercial Law |
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| 4/10/2010 |
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Cyrillic domain names now available in the Russian Federation |
| 4/10/2010 |
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| 4/10/2010 |
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| 4/10/2010 |
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| 4/10/2010 |
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Claims of competition law inadequacy |
| 30/09/2010 |
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| 30/09/2010 |
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| 30/09/2010 |
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| 30/09/2010 |
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| 30/09/2010 |
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| 30/09/2010 |
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| 30/09/2010 |
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| 30/09/2010 |