Know your rights

Collection by Anthony Whatmore & Company

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Anthony Whatmore & Company
PAY NOW, ARGUE LATER” – SARS – Anthony Whatmore & Company

“….. parties are free to contract as they please. The law permits perfect freedom of contract. Parties are left to make their own agreements, and whatever the agreements are, the law will enforce them provided they contain nothing illegal or immoral or against public policy” (extract from judgment below)  Be warned – whether you buy into a residential complex or rent a house in one – the High Court has again upheld the right of Home Owners Associations (HOAs) to enforce their rules and…

RENTING IN A COMPLEX? READ THE RULES!

“….. parties are free to contract as they please. The law permits perfect freedom of contract. Parties are left to make their own agreements, and whatever the agreements are, the law will enforce them provided they contain nothing illegal or immoral or against public policy” (extract from judgment below) Be warned – whether you buy into a residential complex or rent a house in one – the High Court has again upheld the right of Home Owners Associations (HOAs) to enforce their rules and…

The email of the species is deadlier than the mail. (Stephen Fry) Previous we discussed the need for a “non-variation” clause in every agreement you sign, and the dangers of not having one. Now we turn to the related danger of inadvertently concluding, amending and/or cancelling agreements by email or other electronic (“data”) messaging. The car-wash contract that died in cyberspace  Take for example the facts of a case recently before the Supreme Court of Appeal –   	The owner of…

NEW AGE COMMUNICATION – WATCH WHAT YOU AGREE TO!

The email of the species is deadlier than the mail. (Stephen Fry) Previous we discussed the need for a “non-variation” clause in every agreement you sign, and the dangers of not having one. Now we turn to the related danger of inadvertently concluding, amending and/or cancelling agreements by email or other electronic (“data”) messaging. The car-wash contract that died in cyberspace Take for example the facts of a case recently before the Supreme Court of Appeal – The owner of car-washing…

“To his dog, every man is Napoleon; hence the constant popularity of dogs” (Aldous Huxley)  Living in a residential estate means submitting yourself to all rules and regulations lawfully imposed by the estate’s management on residents.  A recent High Court judgment illustrates.  It’s a Dog’s Life  	Theodore, a large St Bernard dog, is owned by long-time residents of a Golf Estate 	One of the estate’s Conduct Rules dealing with the keeping of pets - and motivated no doubt at least in part…

KNOW ESTATE/COMPLEX RULES BEFORE YOU BUY

“To his dog, every man is Napoleon; hence the constant popularity of dogs” (Aldous Huxley) Living in a residential estate means submitting yourself to all rules and regulations lawfully imposed by the estate’s management on residents. A recent High Court judgment illustrates. It’s a Dog’s Life Theodore, a large St Bernard dog, is owned by long-time residents of a Golf Estate One of the estate’s Conduct Rules dealing with the keeping of pets - and motivated no doubt at least in part by…

Isn’t it true that often the most important information is overlooked and forgotten?  Don’t fall into this trap of forgetting the basics.    Nine out of ten times an attorney can get his or her client out of a contract because the agreement has been incorrectly signed or there is information missing which renders the agreement invalid due to its absence.  We would love to assist you by drafting your agreement or checking it once completed to ensure that it is watertight.  FOR EXAMPLE…

WHAT DID YOU FORGET???

Isn’t it true that often the most important information is overlooked and forgotten? Don’t fall into this trap of forgetting the basics. Nine out of ten times an attorney can get his or her client out of a contract because the agreement has been incorrectly signed or there is information missing which renders the agreement invalid due to its absence. We would love to assist you by drafting your agreement or checking it once completed to ensure that it is watertight. FOR EXAMPLE: When…

You go shopping and as you walk down a supermarket aisle you slip on a wet and slippery patch of floor, injuring yourself.  Do you have a claim against the store for your damages? You do indeed, but only if you can show that the store and its employees were negligent.   In a case recently decided by the Supreme Court of Appeal, a shopper sued a store for her injuries after she slipped on a section of floor left damp by a cleaner who had mopped the floor in a routine cleaning operation…

THE SHOPPER WHO SLIPPED: DUTIES AND DAMAGES

You go shopping and as you walk down a supermarket aisle you slip on a wet and slippery patch of floor, injuring yourself. Do you have a claim against the store for your damages? You do indeed, but only if you can show that the store and its employees were negligent. In a case recently decided by the Supreme Court of Appeal, a shopper sued a store for her injuries after she slipped on a section of floor left damp by a cleaner who had mopped the floor in a routine cleaning operation during…

“…..’tis slander, whose edge is sharper than the sword…..”     (Shakespeare) A recent High Court decision confirms the dangers of posting (or even just allowing yourself to be associated with) any form of defamatory content on the Internet. An explosive mixture underlay the case:  an acrimonious divorce, on-going litigation still smouldering, and – the spark that lit the fuse - Facebook posts attacking the ex-wife.   Two of the posts, authored by the ex-husband’s new wife and appearing on…

FACEBOOK: MORE DEFAMATION DANGER, AND NAVIGATING THE MINEFIELD

“…..’tis slander, whose edge is sharper than the sword…..” (Shakespeare) A recent High Court decision confirms the dangers of posting (or even just allowing yourself to be associated with) any form of defamatory content on the Internet. An explosive mixture underlay the case: an acrimonious divorce, on-going litigation still smouldering, and – the spark that lit the fuse - Facebook posts attacking the ex-wife. Two of the posts, authored by the ex-husband’s new wife and appearing on…

WHAT EAVESDROPPERS SEE AT WI-FI HOTSPOTS

With Internet fraud mushrooming, PC World’s article “Here's what an eavesdropper sees when you use an unsecured Wi-Fi hotspot” at http://www.pcworld.com/article/2043095/heres-what-an-eavesdropper-sees-when-you-use-an-unsecured-wi-fi-hotspot.html is essential reading for you if you ever use any hotspot, anywhere. The author set himself up at a local coffee shop to capture other patrons’ Wi-Fi signals and, like the nursery rhyme bear, “to see what he could see”. He saw a lot - Webpages…

Road Block

KNOW YOUR RIGHTS AT A ROADBLOCK

With the festive season upon us, so the police presence on the roads will increase. KNOW YOUR RIGHTS if and when you are stopped either in a roadblock or by a police officer. We have put together a couple of articles to help you get a clearer picture of where you stand and how to handle the situation. Understand that these articles are a guide and DO NOT replace the advice of your lawyer. Article 1) BE AWARE – KNOW YOUR RIGHTS AT ROADBLOCKS - According to fight against crime South Africa…

“Good fences make good neighbours” (wise old proverb)  You find out that the fence/wall/house your neighbour is building, or has built, is actually on your land – what can you do about it? No problem of course if you are happy to sell the land in question to your neighbour at an agreed price, or if your neighbour voluntarily removes the encroachment.  But if instead you come to blows and end up in court, what will the outcome be?  Regrettably, as a recent Supreme Court of Appeal (SCA)…

BOUNDARY WARS: WHAT TO DO WITH AN ENCROACHING NEIGHBOUR

“Good fences make good neighbours” (wise old proverb) You find out that the fence/wall/house your neighbour is building, or has built, is actually on your land – what can you do about it? No problem of course if you are happy to sell the land in question to your neighbour at an agreed price, or if your neighbour voluntarily removes the encroachment. But if instead you come to blows and end up in court, what will the outcome be? Regrettably, as a recent Supreme Court of Appeal (SCA) case…

Yet another court decision – this time in the High Court - underlines the growing readiness of courts to order demolition of any building work carried out without approved plans (or otherwise unlawfully). In the case in question, a demolition order was confirmed on the application of a neighbour. In other words, this was a case where “private” or “neighbour” law applied, rather than the “public law” matter in which the Supreme Court of Appeal held last year that a court has no discretion…

YOU, YOUR NEIGHBOUR, AND YOUR (SUDDENLY STRONGER) DEMOLITION REMEDY

Yet another court decision – this time in the High Court - underlines the growing readiness of courts to order demolition of any building work carried out without approved plans (or otherwise unlawfully). In the case in question, a demolition order was confirmed on the application of a neighbour. In other words, this was a case where “private” or “neighbour” law applied, rather than the “public law” matter in which the Supreme Court of Appeal held last year that a court has no discretion but…

If you, a colleague, friend or relative are a victim of “domestic violence” (not just physical harm, the term also includes emotional, verbal and psychological abuse) turn to our law and to SAPS for help.   Firstly, the Domestic Violence Act provides quick, easy and effective protection from abusers.  You can apply for a protection order at your local magistrate’s court, and that will be accompanied by a warrant authorising arrest of the perpetrator in the event of a breach of the order…

DOMESTIC VIOLENCE: WHEN CAN SAPS ARREST?

If you, a colleague, friend or relative are a victim of “domestic violence” (not just physical harm, the term also includes emotional, verbal and psychological abuse) turn to our law and to SAPS for help. Firstly, the Domestic Violence Act provides quick, easy and effective protection from abusers. You can apply for a protection order at your local magistrate’s court, and that will be accompanied by a warrant authorising arrest of the perpetrator in the event of a breach of the order…

When and how does a child’s unmarried biological father acquire full parental rights and responsibilities?  A recent Supreme Court of Appeal (SCA) decision illustrates. Out of Africa – a baby taken overseas without the father’s consent 1.     The mother of a four month old child relocated with him to England without either informing, or seeking permission from, the father 2.     The parents had never been married to each other, nor did they cohabit or live together in a permanent life…

UNMARRIED FATHERS – RIGHTS AND RESPONSIBILITIES

When and how does a child’s unmarried biological father acquire full parental rights and responsibilities? A recent Supreme Court of Appeal (SCA) decision illustrates. Out of Africa – a baby taken overseas without the father’s consent 1. The mother of a four month old child relocated with him to England without either informing, or seeking permission from, the father 2. The parents had never been married to each other, nor did they cohabit or live together in a permanent life…