Evidence of experts in dispute hearings can be dealt with efficiently by using the ‘hot tub’ method to deal with disputes issue-by-issue rather than expert-by-expert:
Where a contract has been reduced to writing the writing is regarded as the exclusive embodiment of the transaction and no extrinsic (parol) evidence which would have the effect of contradicting, altering, adding to or varying the written contract may be relied on. This is referred to as the parol evidence rule. The inadmissibility of
Where there are mutually destructive versions of an oral agreement, a court will side with the version which is more probable considering the circumstances. The credibility of witnesses, including whether their evidence is coherent and consistent, will be taken into account.
The applicant in Meintjies v Annandale and another, an owner of an accounting
The small claims court resolves matters speedily, inexpensively and informally. Whether you are the claimant (plaintiff) or the party opposing the claim (the defendant), you must conduct your own case in court without legal representation. Here are some tips on dealing with your small claims court case.
Proceedings are inquisitorial so the commissioner plays an
The Appeal Board of the Financial Services Board recently emphasised that findings of criminal or delictual conduct are only made by courts and lesser tribunals following hearings at which evidence is heard and tested by cross-examination. If decision-makers such as the registrar of short-term insurance have to consider whether wrongful conduct of that kind has