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All aspects of civil law advice and legal/paralegal services including civil suits to recover monies due or damages due to you. Letters of demand; office draft summonses, contracts, general advice etc

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fault car accident

A previously accident damaged vehicle IS ALWAYS a defective motor vehicle and this is especially true vis a vis the dealer if they did NOT disclose this fact to you at the time of the sale.

Last week we received this query:

“In February 2018 I bought a 2016 second hand BMW motor vehicle from a dealership in Gezina, Pretoria and although I have had satisfactory use of the vehicle for the last four months; I have now discovered that the vehicle which I bought in February 2018 was involved in a major accident last year (March 2017); which required repairs apparently totalling R 127350.00 by the insurance company and I am not happy with keeping this vehicle as that fact was not disclosed to me at the time of the sale in February this year and the dealership must have known about the accident. Is this vehicle defective and can I still claim a refund or replacement vehicle for  the dealer I bought it from?”

Criminal law vs civil law

Oscar Pistorius initially appeared in a local magistrate’s court, his bail hearing was in the regional court and his murder trial in the High Court.

As we have had quite a few queries over the last week about aspects of Criminal Law; we have decided to do a few blogs on various aspects of Criminal Law.

Firstly; it is important to understand that there are two large bodies of our law.

  1. Criminal Law and
  2. Civil Law.

Broadly speaking a criminal case is one where the accused is charged by the State in respect of a crime and Civil Law is the law as it is applied to different people and legal entities. To use an example for illustration: A is charged with Drunk Driving. The case is “The State (the Government, in fact, on behalf of the people of the country) versus A. “This is a criminal case and is heard in one of the criminal courts in the country.

common vs legislation law

Legislation is a law created by Parliament Common law is that system of our law handed down to us from generation to generation.

In response to a number of inquiries where it appears, there is a clear need to explain the difference between the various branches of SA Law including both civil law and criminal law; we will today discuss this topic in a short blog.

In the South African Legal System; we can differentiate between various spheres of the Law within that same system.

Initially; it is important to understand the difference between Common Law and Legislation.

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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