dwp eNewsletter
Vol 1 : Ed 6 - October 2007
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| welcome |
Welcome to the sixth edition of the dwp eNewsletter!
It is really quite amazing how fast this half-year has gone since we started the newsletter! We hope that you find this edition informative and possibly even a little entertaining, despite all the legal-speak. As always, you are most welcome to give us a shout if you have any questions about any of the topics we covered (or anything else for that matter!)...
Till next month!
| in short |
| options to purchase of immovable property |
In the matter of Exdev v Yeoman Properties, a Seller argued that an option to purchase a certain immovable property was invalid because the agreement did not specify the method of payment of the purchase price and as to when payment had to be made.
The Supreme Court of Appeal overturned the High Court’s ruling in favour of the Seller and confirmed that an agreement of sale or an option to purchase immovable property is not invalid merely because such an agreement does not set out the method of and time for payment of the purchase price.
The court confirmed the common law principle that, in the absence of express agreement on the abovementioned terms, the law implies that the price is payable in cash against delivery. In the case of immovable property delivery is the registration of transfer.
| mekanik |
| the vicarious liability of an employer |
The term “vicarious liability” implies that legal liability is not based on the employer’s fault, but on the fault of the employee, meaning that vicarious liability exists even though the employer was not at fault.
Thus, even though the employer was not in any way at fault, the employer may nevertheless incur legal liability for any delict or wrongful acts that employees commit in the course of their employment.
>>> Read further (full article)
| ek sê |
| wysing op sekondêremaatskappybelasting verwelkom |
Maatskappye en beleggers vra al jare lank dat daar van die hand gedoen word met Sekondêre Belasting op Maatskappye (SBM) en dit blyk asof Minister Trevor Manuel uiteindelik aan hulle pleit gehoor gaan gee.
>>> Lees verder (volledige artikel)
| nowheresville |
| scent of a woman |
It may have been a popular movie, but the scent of a woman soon may be unpopular in some American workplaces.
>>> Read further (full article)
| br!ghtshark |
| real orchestra performs in virtual life (really!) |
The divide between the real life out "here" and the virtual life which exists only on microchips and circuit boards is fading by the day.
The Liverpool Philharmonic Orchestra recently held a real concert in the 3D virtual world called "Second Life". Second Life is a virtual community where people from all over the world can get together, buy "virtual property", and "virtual items" albeit with real money.
The Liverpool Philharmonic Orchestra needed to raise funds and did so by transmitting live sound and video feeds to the virtual convert hall where Second Lifers could watch the show. Virtual audience members were even able to go the virtual toilets or grab something at the virtual bar. After the show the 1200 punters and the conductor was able to mingle and discuss the performance - in the virtual setting of the Grand Foyer Bar.
Since the inception of Second Life more than 9 million people signed up and many millions of dollars had changed hands. The success of Second Life is of such nature that real-world brands like BMW and Nike have now set up shops in Second Life. Sweden even opened a virtual embassy on Second Life!
The only thing that is not virtual about Second Life is the cash you spend.
The quick rise of Second Life will place serious burdens on traditional legal procedures if a virtual fraud is committed (remember, it is real money!). As the lines between virtual and real blur, the way to implement traditional laws become more and more confusing, especially in a "world" where there is no real government or laws, other than the ones the programmers decide.
An introductory video of Second Life can be found here.
| rollonfriday |
| plagiarising lawyer sent to ethics class |
A US lawyer has been forced to refund his client's fees and attend a class on professional responsibility after admitting charging thousands of dollars for a simple act of plagiarism.
Peter Cannon charged his client $5,000 for submitting two briefs in a bankruptcy trial, claiming the work had taken over twenty-five hours.
The suspicions of the trial judges were raised when they read the briefs, and they asked Cannon to reveal the research he'd carried out in putting them together. After some umm-ing and ahh-ing, Cannon admitted that he'd "relied heavily" on an article by two Morgan Lewis & Bockius lawyers which he'd found on the interweb. He had relied so heavily in fact that seventeen of the nineteen pages he submitted had been copied verbatim from the article.
Despite the obvious nature of his plagiarism, Cannon attempted to convince the court that he was only really guilty of failing to amend the original work so that it couldn't be recognised. Strangely enough the court didn't agree and ordered him to repay the fees charged and attend a law school class on professional ethics.
Cannon must also write a groveling apology letter to the two lawyers he ripped off.
(This section is made possible courtesy of RollOnFriday.com, visit them at www.rollonfriday.com)
| admin stuff |
|as boring as the small print |
If you have any questions, comments, want to know some more on any of these topics or want to suggest a topic for discussion, please drop the editor of the newsletter a shout at heinrich@dwp.co.za.
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Disclaimer: None of the information in this newsletter should be taken as professional advice. Unfortunately human error does sometimes creep in and the printers devil also does not always keep away from the door. We can therefore not accept any responsibility for any of the content of this newsletter without you coming to see us first so that we can take proper instructions from you about your circumstances and apply the necessary legal points to your problem.
| contact us |
delport ward & pienaar
attorneys,
notaries & conveyancers
1st floor - cornerstone house
16 loop street
cape town
8001
telephone, cape town
+27-21-419.3733
telefax, general
+27-21-419.3743
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dept
+27-21-421.6625
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dept
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dc
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| info@dwp.co.za |
1st floor - cornerstone house, 16 loop street, cape town | docex 600, cpt | t, +27-21-4193733 | f, +27-21-4193743