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Fourie Stott Witness

Witness

Witness: What does this word mean? A witness in the context of written documents is a natural person who is physically present when a party signs an agreement to confirm that he/she saw that party sign the document. A competent witness is commonly defined as a person of at least 14 years of age and .. read more

Fourie Stott Breach of Contract

Breach of Contract

Breach of Contract – What does this mean? A breach of a contract means the failure of one party to meet that party’s obligations in an agreement. This can come about by either doing something a person was obliged not to do or failing to do something they were obliged to do. What are the .. read more

Fourie Stott Domicilium citandi et executandi

Domicilium citandi et executandi

Domicilium citandi et executandi – What does this mean? Domicilium citandi et executandi, roughly translated, means the physical address at which legal notices and process (eg summons) can be served on you. A post office box address is not sufficient for the purposes of service of legal process and should be avoided. What are the .. read more

Fourie Stott Small Claims Court

Small Claims Court

Small Claims Court – When is it the right option? Whilst we as a firm do our utmost to render our legal services at a reasonable cost, the nature of litigation is such that a successful litigant may not be able to recover all amounts claimed from a defendant if that defendant has no executable .. read more

Fourie Stott Voetstoots

Voetstoots

Voetstoots – What should a Buyer and a Seller do? Voetstoots is a standard clause in an immovable property sale agreement which protects the Seller, stating that the property is purchased “as is”.   It is critical that Buyers inspect their prospective immovable property with a high degree of care and diligence. We highly recommend .. read more

Fourie Stott What is a Notary

Notary

What is a Notary? A notary is an attorney who has passed an additional specialist exam. And who has been admitted as one by the High Court. They are afforded a high degree of trust, and in return are expected to act with the highest degree of good faith. There are some common areas in .. read more

Fourie Stott Immovable Property Transactions

Immovable Property Transactions

Immovable property transactions, Voetstoots and the CPA The Voetstoots clause essentially protects the Seller by seeking to deprive the Buyer of any recourse against the Seller, if the property has any latent or patent defects. Latent defect are discovered by a thorough inspection prior to sale, while patent defects are visible on inspection. “Voetstoots” is .. read more

Fourie Stott - Contracts

Contracts

Contracts: Know who you are dealing with? We have come across many instances where clients thought they were contracting with party A, but subsequently discovered they were contracting with party B. This presents significant risk to clients as they may be unable to enforce their rights or recover lost money from the party they thought .. read more

Fourie Stott Marriage Contract

Marriage Contract

Changes to Matrimonial Property Regime We regularly meet clients who are married in community of property, as they did not sign an ante-nuptial marriage contract before getting married. This can cause challenges, particularly for those who plan to run their own businesses. The good news is that an application can, in certain circumstances, be made .. read more

Fourie Stott Litigation

When Litigation is Needed

For many reasons South Africa has had a difficult year. In tough financial times debtors may increasingly fail to settle their accounts and litigation may be a life line for your business. With the wrong advice, litigation can be expensive, time consuming and only end in benefiting the lawyers. Not all lawyers are sharks! Appropriate .. read more