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In the Land of the Will, Clarity is King

In the Land of the Will, Clarity is King

Wills and Estate Planning

“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.”...
Rising Damp and Failed Waterproofing: How to Sue the Sellers

Rising Damp and Failed Waterproofing: How to Sue the Sellers

Property

“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true facts does not constitute a...
The Pothole Plague – Claiming Damages

The Pothole Plague – Claiming Damages

Delict and Civil Claims

“If cars are required to be roadworthy, shouldn’t roads be required to be car-worthy?” (Online meme) If you fall victim to a pothole-infested road, don’t hesitate to sue for your losses. A recent High Court victory for a motorist claiming R8.6m in damages confirms yet...