/Knowledge centre

Intention to Defame (Animus injuriandi) 

ADV. LOUIS NEL    This is a challenging requirement and much debated. It would seem that the courts will sometimes go beyond intention and find that negligence or at least recklessness is adequate, IF it is done in such [...]

Intention to Defame (Animus injuriandi) 2018-11-27T10:41:59+00:00

WHAT MUST BE PROVED & WHO HAS TO PROVE IT (BURDEN OF PROOF)?

ADV. LOUIS NEL Before I deal with the Terms & conditions (‘T&C’) e.g. Facebook, etc, I think we need to get to grips with defamation and to do so we need to ‘unpack’ (1) the definition I used in the first article, 2) potential damages (claims) and then (3) the defences. At a meeting of industry professionals I recently attended the issue of defamation was discussed and what was scary was the misconceptions bandied about: not only about what constitutes defamation but what the defences [...]

WHAT MUST BE PROVED & WHO HAS TO PROVE IT (BURDEN OF PROOF)?2018-10-31T11:34:28+00:00

Social Media & Defamation – Tread Warily

ADV. LOUIS NEL   As we are all no doubt quite aware, social media has to a large extent become the medium of choice not only to publicize and disseminate information but also to glean information. Due to the [...]

Social Media & Defamation – Tread Warily2018-09-26T15:09:25+00:00

The Consequences Of Non-Compliance/Breaching Deeming Provisions

ADV. LOUIS NEL ‘A’ SECTION 51 - PROHIBITED TRANSACTIONS, AGREEMENTS, TERMS OR CONDITIONS • Any transgression of any of the above will result in such activity being void & thus unenforceable [Section 51 (3)] - it could mean the [...]

The Consequences Of Non-Compliance/Breaching Deeming Provisions2018-08-29T11:36:36+00:00

CPA PROVISIONS RE NON-REFUNDABLE DEPOSITS & CANCELLATION FEES – SECTION 48: UNFAIR TERMS & SECTION 49: NOTICE RE T&C  

ADV. LOUIS NEL SECTION 48 UNFAIR, UNREASONABLE OR UNJUST CONTRACT TERMS [161]   This section not only addresses the contract terms but also the sales process (‘the manner’) and the waiver of rights and assuming of obligations – if [...]

CPA PROVISIONS RE NON-REFUNDABLE DEPOSITS & CANCELLATION FEES – SECTION 48: UNFAIR TERMS & SECTION 49: NOTICE RE T&C  2018-07-30T14:01:26+00:00