civil law

Civil Law

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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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.

alternative dispute resolution

Have you ever heard of “alternative dispute resolution?”

One of the services The Legal Advice Office provides to our clients, and other interested parties; is alternative dispute resolution procedures.

These procedures broadly speaking include interventions, mediation, arbitration and other dispute resolution procedures and methods to settle disputes between two parties without proceeding with a civil court action; which could cost tens of thousands of Rands; take two years to finalise; and, if you lose, you have to pay a portion of the other person’s costs.

Alternative dispute resolution is cheaper, quicker and more efficient.

Here is an example of such a situation; which we dealt with during the course of this last month.

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?”

Hundreds of cars are bought and sold each day in the RSA.

If you bought a vehicle that is either defective or damaged or not fit for its intended purpose; what can you do about it?

Here is a case study.

Perhaps somebody owes you money and will not pay it back?

Maybe someone damaged your property; your car or other property and refuses to fix it at their cost?

You could always sue them in a court, but that takes time and normally costs a lot of money

 debt free

Be very circumspect when dealing with collection agencies and that includes firms of attorneys that specialise in this area of the law.

Do not believe everything that you are told by a collection agent or attorney as they will look after their own interests and those of their client; before they give a thought to you and your interests.

Prescription of a Debt: What does it mean? Part 2:

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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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