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Commercial agreements are legally binding contracts between parties where one or both are either required to do something in terms of the contract or to refrain from doing something.
These agreements can either take the form of being verbal, in writing, or implied. In many instances, agreements contain warranties which should be reviewed by a lawyer beforehand in order to limit the damages between parties should one of them want to opt out.
Many people are unsure of how the debt collection procedure in the South African courts works.
As a result, many people suffer prejudice due to a delay in the proceedings and in some instances the claim becomes prescribed (expired).
Our courts have specific requirements regarding debt collection which can be explained in different stages.
Before the transfer of ownership on a property can take place, the owner must provide certain clearance certificates, namely; Electrical Certificate, Water Installation Certificate, Gas Compliance Certificate and Beetle Certificate.
In many labour disputes employees may be unfamiliar on what the correct procedure is to follow.
In South Africa, the procedure followed to resolve labour disputes is not based on the rules of civil litigation, but rather regulated by the provisions of the Labour Relations Act (also known as the LRA).
As 2018 comes to a close, Bailey Haynes Incorporated would like take a look at what we have achieved and to give a special thanks to everyone who has contributed to our success.
The abuse of Emolument Attachment Orders (“EAO”) as a means of collecting debt has been under the spotlight for some time. As a result, the amendments to the Magistrates Court Act 1944 and the Magistrate Court Rules 2010 came into operation on 1 August 2018.
Maintenance of a sectional title scheme can appear straightforward, but the reality is that disputes arise frequently regarding maintenance issues relating to sectional title units. This is often the result of the complex relationship of close quarter living and the shared form of ownership represented by sectional titles.
The mandament van spolie is a summary remedy, usually issued upon urgent application, aimed at restoring control of property to the applicant from whom it was taken through unlawful self-help, without investigating the merits of the parties’ rights to control.
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