Does force majeure apply during COVID-19
Understanding Force Majeure and Supervening Impossibility in Contract Law upervening Impossibility of Performance Under Common Law Common Law position – in absence of a “force majeure” clause A force majeure is an act of God or man (such as a war, strike, riot, crime, plague, or an event described such as a hurricane, flood, earthquake, […]
Understanding domestic violence protection orders
Domestic Violence and Protection Orders in South Africa Domestic violence in its various forms has always been a problem of epic proportions and even more so in a time where the COVID-19 Coronavirus has forced people worldwide to stay at home. In South Africa, when the president declared a National State of Disaster and ordered […]
Do annuities form part of the estate during a divorce?
The Impact of CM v EM on Living Annuities in Divorce Proceedings In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the Respondent’s right to future annuity payments in respect of Personal Portfolio Living Annuities (“the living annuities”) from […]
What’s next for struggling businesses?
Business Rescue vs Liquidation South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and a myriad of other factors, have negatively impacted South African businesses, especially small and medium business enterprises. Many of these struggling enterprises are now at a […]
