An owner whose property is in the possession of another without consent can recover possession by way of vindication (rei vindicatio). But what happens if the person in possession is legally permitted to sell those goods?
In EnergyDrive Systems (Pty) Ltd v Tin Can Man (Pty) Ltd the Johannesburg High Court heard a
Where one party repudiates a contract, the innocent party who elects to enforce performance can change that election and cancel the contract if the defaulting party persists in the breach by continuing to show an unequivocal intention not to remedy the breach or perform the contract.
The plaintiff construction company in Primat Construction v Nelson
An English court has reaffirmed that, where a claimant is not covered under a road accident fund law if at the time they ‘knew or ought to have known’ that the vehicle was uninsured, negligent lack of knowledge is not enough. The passenger must conclude from available knowledge that the driver might not be insured
Before purchasing a sugar sweetened beverage (SSB), spare one thought for the health consequences and another for your wallet. Late 2017 is likely to see the introduction of a new tax in South Africa in the form of a health promotion levy (or sugar tax).
Empirical evidence suggests that the quality of human health has
A pregnant woman in the UK has sued a hospital and mental facility for failing to inform her that she had, through her father, a high risk of suffering from Huntington’s disease. Huntington’s Disease is a hereditary condition causing damage to the brain cells, giving rise to disruption of movement, cognition and personality change and
In a landmark judgment, the English court of appeal has opened the door in the UK to the extension of the duty of care owed by a hospital to the daughter whose father had been diagnosed with Huntington’s Disease despite the father refusing to consent to the disclosure.
The facts of this case are tragic.
If a settlement agreement is made an order of court it is not enough to try to set aside the agreement without rescinding the court order.
The order of court is not void and must be rescinded but this can only be done on the limited grounds of fraud and justifiable error (justus error