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To rescue or not to rescue, that is the question
With the introduction of the new Companies Act (“the new Act”), the phenomenon of business rescue has come to the fore. |
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Fraud in companies by directors and CEO's
The Supreme Court of Appeal (SCA) recently had to decide under which circumstances non-disclosure by two joint chief executive officers of a company of certain financial interests which they had, resulting in substantial profits being secured from such interests, should be disclosed to the board of the company on which they served. |
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A case of double sale
In the matter of Meridian Bay Restaurant (Pty) Ltd and Others v Mitchell, the Supreme Court of Appeal (SCA) recently had to decide on an appeal by a third party who had knowledge of the personal rights of prior purchasers of property in a sectional title development scheme, to which third party such property was sold by the sectional title developer contrary to the personal rights of the prior purchasers, in terms of a so-called ‘double sale’. |
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A case of chicken that's too spicy
In a recent decision of the Supreme Court of Appeal (SCA) the court decided that a supplier of goods cannot rely on a clause excluding liability for defects in the goods supplied, where the goods delivered were entirely different to the goods bargained for. In dealing with the element of wrongfulness, the SCA held that policy considerations may dictate that a manufacturer that caused pure economic loss by supplying a defective product to be held liable for such loss. |
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Botswana’s competition authority officially launched in Gaborone
Although Botswana adopted Competition legislation in 2009, some two years passed until October 2011, before regulations were passed in terms of the Act. The Minster of Trade and Industry, Ms Makgatho-Malesu will tomorrow officially launch the Competition Authority at its offices in Gaborone and also reveal the Authority’s logo, and it is expected that enforcement of the Act will commence in all earnest. |
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Aspen gets the sniffles after trade mark battle
In a judgment handed down on 22 December 2011, the North Gauteng High Court, Pretoria ordered the cancellation of generic pharmaceutical giant, Aspen Pharmacare's registered trade mark ANDOSEPT. The court's order will effectively prevent Aspen from continuing to sell its ANDOSEPT pharyngeal product. |
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So just how big is your brand? And what’s it really worth?
GET THE ANSWER WITH ISO 10668:2010 |
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Attorneys are suppliers too
Some implications of the CPA for the legal profession
Introduction
As most readers know by now, the Consumer Protection Act, 2008 (“CPA”) came into effect on 1 April 2011. It applies to every transaction concluded within South Africa between suppliers (acting in the ordinary course of business) and consumers.
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Total substantiation of Colgate's claims before the ASA
Colgate-Palmolive (Pty) Limited (“Colgate”) has successfully defended a number of advertising claims made in respect of its Colgate Total toothpaste product before the Advertising Standards Authority of South Africa (“ASA”). |
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35th ARIPO Administrative Council Meeting
The 35th ARIPO Administrative Council Meeting and Council of Ministers was held in Accra, Ghana from 28 -30 November 2011. The meeting sees the coming together of Registry and Government officials from each of the 18 ARIPO member states to discuss ARIPO operational matters as well as wider policy issues. |
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Cholesterol Ease - passing off cases not that easy
The Western Cape High Court per Acting Judge Cloete delivered judgement in the case of 3 Jerks Manufacturing CC v Vital Health Foods (Pty) Ltd (“Vital”) on 2 December 2011. Adams & Adams Cape Town Office represented the Respondent, Vital. |
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Satire vs The ASA Code
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Second Proposed Amendments are Highly Welcomed by Software Developers
The second proposed amendments (introduced during October 2011) seem to provide more clarity on most of the provisions which govern the research and development (R&D) tax incentive as compared to the first proposed amendments (introduced during June 2011). |
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Consumers do care about organic food & wine
We were recently notified by one of our Twitter followers of a survey published in Winetimes, where a research panel found that only 18% of wine consumers consider an organic certification to be an important influencing factor when purchasing wine. It appears that pricing and varietals play a more important role in the purchasing decision.
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Adams & Adams is proud to be involved with the PICA Awards
The night of the 17th of November 2011 recognised South Africa’s Magazine publishing professionals and as the partner of the 42nd annual PICA awards, the Adams & Adams team was present to award 12 individuals with their prestigious awards. The Magazine Publishing Association of South Africa had once again done an outstanding job of producing an amazing gala event that featured entertainment from Die Heuwels Fantasties and Willem Breytenbach.
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The firm practises directly in several Southern African countries and through long-established associates in others.
