Security Estates: Are Your Rules Enforceable?

Security Estates: Are Your Rules Enforceable?

“It is well established that contractual provisions are against public policy ‘… if there is a probability that unconscionable, immoral or illegal conduct will result from the implementation of the provisions according to the tenor’” (extract from judgment below) When...
CAN YOU STILL SELL AS IS? CPA V THE VOETSTOOTS CLAUSE

CAN YOU STILL SELL AS IS? CPA V THE VOETSTOOTS CLAUSE

Both sellers and buyers (of anything – houses, cars, you name it) need to understand how the CPA (Consumer Protection Act) has impacted on the very common “voetstoots” (“as is”) clause. Firstly, what’s the difference between “patent” and “latent” defects? Before we...