by Otto | Jun 17, 2026 | News
The “Aedilitian Remedies” A common sense principle inherited from early Roman law is that the buyer of an item discovering a latent (hidden) defect in it after the sale has a choice of remedies: either cancel the sale and return the item to the seller for a full...
by Otto | Jun 17, 2026 | News
“Justice cannot be for one side alone, but must be for both.” (Eleanor Roosevelt) Under the antenuptial contract alone, she would have had no claim on his estate. The court found otherwise. A woman who spent three decades running a home, raising her...
by Otto | Jun 17, 2026 | News
“A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for significantly less than the original price....
by Otto | Jun 17, 2026 | News
“I can’t afford to die; I’d lose too much money.” (George Burns, comedian) At the heart of any estate plan lies your will. Pair it with a file containing all the information and documents that your executor and heirs will need to wind up your estate, and...
by Otto | Jun 17, 2026 | News
“The buyer needs a hundred eyes, the seller not one.” (George Herbert) A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1.55 million and repair costs claimed of just over R100 000. The facts are not complicated. But the legal battle...
by Otto | Mar 5, 2026 | News
“Nemo plus iuris ad alium transferre potest quam ipse habet” As intimidating as that old Roman law adage sounds, it has a very simple and common sense meaning: No one can transfer more rights to another than he himself has. Often referred to as the nemo plus...