Daniel Breier

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Ruling on conveyancer’s liability for cyber fraud losses

On 16 January 2023, the Gauteng High Court ruled that a conveyancing attorney had a legal duty towards a property purchaser to implement adequate precautions and provide adequate warnings to protect the purchaser against her own email accounts being compromised by cyber fraud and was liable in delict for the purchaser’s loss for failing to … Continue reading

The nature of a broker’s mandate

In a decision involving a broker who introduced business to a medical scheme, the court drew an important distinction between a mandate to enter into contracts on behalf of the medical scheme as the principal and a mandate or authority to introduce business to the medical scheme. Where a principal appoints someone to perform juristic … Continue reading

Rental, covid-19 and impossibility to pay rent

In this judgment the Supreme Court of Appeal decided that the lessor was entitled to evict its tenant as a result of non-payment of rental because the tenant’s pleas that it could not pay rent because of the Covid-19 pandemic could not excuse non-payment from September 2020. The court said that it was trite that … Continue reading

Effect of lockdown regulations on landlords and tenants

What is the effect of clauses 11B(1)(b), (c) and (d) of the lockdown regulations which read: “(b) All businesses and other entities shall cease operations during the lockdown, save for any business or entity involved in the manufacturing, supply, or provision of an essential good or service. (c) Retail shops and shopping malls must be … Continue reading
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