Tag archives: Evidence

Deciding between mutually destructive versions of oral agreement

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 business … Continue reading

Presenting your evidence in the small claims court

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 … Continue reading

Criminal or delictual conduct must be proved on tested evidence

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 … Continue reading