Incisive Legal Insights

Incisive Legal Insights

Benaters Benaters

How has the Consumer Protection Act Changed the Concept of "Voetstoots"?

Voetstoots has always meant that a property is sold "as is" - no matter its condition and without any guarantees.  With a voetstoots clause in the agreement, the buyer was protected only where it could be proved that he had been cheated by the seller in that the seller knew about defects and deceptively kept quiet about them.

Read More
Benaters Benaters

Do You Have An Agreement That You Want To Cancel?

The Consumer Protection Act stipulates that fixed term agreements are contracts of a definite duration. Cellular phone contracts, gym contracts, armed response / security contracts, educational institution contracts and property leases are all examples of fixed term agreements.

Read More
Benaters Benaters

Distinction Between Usufruct and Fideicommissum

When a testator gives a beneficial interest in property to successive persons, it is a question of construction whether he or she intends to make the first taker owner subject to a fideicommissum in favour of the second or the second taker owner subject to a usufruct in favour of the first.

Read More