Commercial Law

April 28, 2022

Keeping things fair in the business race

The purpose of the Competition Act 89 of 1998(“the Act”) is to promote the efficiency, adaptability, and development of the economy, and to ensure that small […]
February 24, 2022

Trade marks: To register or not to register

We’ve all seen those little subscripted trade mark symbols, the tiny ® and ™, next to the brand names and logos we’ve come to welcome into […]
January 12, 2022

Who takes the fall for spillage incidents in shopping centres?

This question of liability amid spillage cases has never been fully settled in our law until recently when the case of Holtzhausen v Cenprop Real Estate […]
January 12, 2022

Legal remedy for contractors to enforce payment

In many instances, contractors put in all the work and comply with the terms of the agreement; however, they receive less or no payment. In the […]
September 7, 2021

Train your staff to protect against cyberattacks

Since the POPI Act was introduced, many businesses have taken the time and effort to implement a POPI strategy that complies with the Act’s basic requirements. But for […]
May 13, 2021

Passing off: When your business’s reputation is threatened

Passing off is a delictual remedy that is derived from English law and has been implemented in South African law. The most authoritative definition of passing off was given in the Capital Estate and General Agencies […]
March 10, 2021

Retention of title/ownership of movable goods purchased on credit

Take scenario one, in which a purchaser pays the purchase price of a good in a one lump sum. In this case, they are entitled to take delivery of the goods, and ownership will be transferred from the […]
July 20, 2020

Think Twice Before Using an Image from Google

In February 2018, Google made a distinctive change to their image search engine. Where previously you were able to open an image file directly from a […]
July 20, 2020

Your Business’s Rapid-Response Guide to Fake News

In the digital age, information is everywhere. At the click of a button a message can travel across oceans in the time it takes to blink. […]
July 20, 2020

Fight-or-flight: The cautionary tale of South African Airways

Since the start of the nation-wide lockdown, we have seen how all kinds of businesses have been struggling. Many businesses in the tourism and entertainment industries […]
June 17, 2020

Does force majeure apply during COVID-19

Common Law position – in absence of a “force majeure” clause A force majeure is an act of God or man (such as a war, strike, […]
June 17, 2020

Business Rescue VS Liquidation: What is The Difference?

South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and a […]
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