25
Apr '18

 private company

 Setting up a company can be a quick exercise if you have done your homework well

The Legal Advice Office recently received the following query via email.

“I have applied for and been approved to open up a small franchise business. The franchisor, however, requires that I run the franchise business in the name of a private company and not in my own personal name. Where do I start this process if I want to register my own private company; and how do I set a private company up.”

20
Apr '18

 e commerce tC web

Your website T&C's - essentially represent your agreement of use and trade

On Monday we received the following question via email.

 “I’ve recently launched an online business and I am busy setting up my website. My website developer has strongly advised me to look at proper terms and conditions for my website. I’ve always thought these were relatively standard T’s & C’s, but he seems to think they must be quite specific. Must they be specific or can I just copy terms and conditions from other websites?”

16
Apr '18

verbal agreement

Can you legally rely on a person’s word only instead of a written change in an agreement?

This was the simple inquiry we got the other day.

“Are oral variations of an agreement valid?”

 To illustrate let us take an example:

If, for example, you agree to rent a house from a friend of yours for a fixed period of two years.

You both furthermore agree that you should enter into a written lease agreement and you have a written lease drawn up properly.

Everything goes well until the monthly rental increases come into effect as per the written lease agreement at the end of the first year.

You discuss the situation with your friend who agrees to waive the increase verbally.

But is this sufficient and can you legally rely on his word only?

05
Apr '18

 mediation web

Many businesses around the world are increasingly opting for mediation as a method of commercial dispute resolution.

We recently received the following question.

 “My company is in business and is quite often embroiled in legal disputes that end in expensive litigation. This takes time, sometimes years, and is not only time consuming, but is expensive and frustrating. I realise that legal disputes are part and parcel of the business environment, but it would be nice if we could resolve some of these disputes faster and with less expense. Have you any ideas as I have heard about the subject “mediation”, but am not sure if this would is a good idea or simply be delaying the inevitable litigation?”

26
Mar '18

 At own risk

An indemnity is an agreement in terms of which one party indemnifies another from liability for certain possible future events, liability and risk for such an event.

Eg: In a garage or a mechanics workshop a sign that reads “Cars are driven at the owner’s risk” or in a parking garage “Cars are stored at the owner’s sole risk.” These are general terms of indemnity that a service provider wants you to agree to, and can also often be found on quotations and invoices.

Today; we thought we would try and answer this question which was sent to us last week on Friday.

05
Mar '18

Intellectual property procection copy

Can someone use your ideas and posts on social media platforms without your consent?

Last week we were asked to do a blog on Intellectual Property; in the sense that someone complained to us that people were using her ideas and posts on social media platforms without her consent.

Can they do that??

Intellectual property, in its broadest sense, can be an invention, an idea or a process/method of doing things that is the product of your work and/or your mind and would include registered trademarks and patents which are formally registered; but also your songs, music and even your blogs, writings, essays, articles and other writings such as poems, letters etc. They all form part of your Intellectual Property. You have the copyright in your IP.

So the question arises can someone else use your ideas?

28
Feb '18

watercrisis web

“Water is Life.”

As Cape Town continues to brace itself for a possible day zero; a number of questions have been raised with us about how this water crisis affects the rights of tenants and landlords.

Both landlords and tenants have contractual obligations to one another as part of their lease agreements; but what happens in this drought situation if circumstances make it impossible for one or either of them to comply due to circumstances beyond their control.

A drought would fall under the common law definition of “An act of God” and most lease agreements make provision for such an event.

21
May '18

 Facebook fight 2

Simply to say that the allegation you make is the truth is NOT Enough.

In a defamation action between two parties where the one (A) has defamed the other (B); the defending party (A) can raise the defence of TRUTH ie “what I said was the truth.”

This does NOT necessarily apply to social media defamation.

 Let us take an example:

Perhaps you are engaged in a bitter dispute. Perhaps it’s a fight over money, a business venture gone awry, a family feud, or a messy divorce, a disaffected employee, or perhaps a vengeful neighbour.

 You decide to resort to Social Media “to tell the truth” about your nemesis. You feel totally safe doing so – after all, our Constitution protects our rights to free speech, the Internet is a bastion of Freedom of Information, nothing said online is “real”, and anyway who can object to you telling the truth? Wrong!

26
Jan '18

If you have been injured in an accident; whether it is a motor vehicle accident or some other type of accident; you may well have a civil claim for damages.

This claim could be against the driver of the other vehicle or his/her third party insurer, in the case of a motor car accident.

In other circumstances; you could have a claim for injuries sustained by you against the person who caused those injuries through their negligent or intentional actions.

21
Mar '18

Insurance fraud pinocchio

Dishonesty to your insurer can result in not being able to get alternative insurance from another insurance company

A case study on Insurance Fraud:

We dealt with short-term insurance fraud in our last blog and today will look at a recent case study to illustrate the issues previously discussed by ourselves and the consequences of fraudulent insurance claims.

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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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