LS Mashifane Inc

26/07/2020

17/07/2020

Our Services at a glance!

14/07/2020

Let us protect your rights using our trial advocacy and oratory skills and preparation strategies so you have peace of mind.

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Your Legal Challenges Sorted. Diligently

18/05/2020

Recently the media's been abuzz with news of a radio personality whose nuptials abruptly ended and in response there was news that the spouse will be entitled to share half of the estate as they were married in community of property and she quickly protested.

Well she may be right.

Watch this space for our concise article setting out the law and principles on forfeiture of marriage benefits.

18/05/2020

As from Wednesday 20 May 2020, the CCMA Offices will be open and accessible to members of the public,subject to compliance with the Directives. Contact us today to set up a consultation. . Your Legal Challenges Sorted. Diligently ⚖️

27/04/2020

22/03/2020

Corona virus and breach of contract

Recently I was contacted by a client whose employer had taken some austerity and contingency measures which affected their remuneration. The employer's reasons were occasioned by the COVID 19.

The question was, can an employer do this.

No forthright answer exists but here's something to ponder about.

Most contracts contain a ' force majeure' clause or an 'act of God' in legal parlance.

This clause provides for the termination of an agreement in the event of unforeseeable circumstances that prevent someone from fulfilling his obligations under a contract.

Before a party can invoke force majeure as a defence to a claim of breach , it must be determine whether the coronavirus can be described an unforeseeable and unusual event that cannot be prevented by economically reasonable means (including by due care expected under the circumstances) and which, in view of the particular situation and due to the rarity of such an event, is not to be expected.

Can a party terminate a contract or render defective performance because of the spread of the virus because it constitutes force majeure?

To answer we look at the concept known supervening impossibility of performance.

The gist of it is that if performance in terms of a contract becomes objectively impossible after the contract was concluded without any fault on the part of the parties thereto and as a result of unforeseen and unavoidable events, the obligation to perform and the reciprocal right to performance are extinguished.

There are requirements however that need to be met before the obligations are extinguished:

1. performance of an obligation by the debtor (e.g. payment of rent,) becomes physically or legally impossible, after the contract was concluded, and not merely difficult, more burdensome or economically onerous.

2. the impossibility must not have been occasioned by the debtor( a rented house gets destroyed by lightning as opposed to a fire starting because tenant left heater on the entire night and a fire breaks OUT)

When one looks at present, one can assume that the coronavirus pandemic is to be classified as a Force Majeure event. Its effect and the prohibitions put in place may render certain obligations impossible to perform and may in some instances render certain obligations difficult or impossible to perform and may relieve parties of their obligations.

However each case must be assessed on its merits. Contact us if you have any concerns in this regard.
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Your Legal Challenges Sorted. Diligently

14/02/2020

Be careful how you tread when lending money to your friends and family.

You may be affected and may need to register as a credit provider even if you're not in the business of providing credit.

Notwithstanding the fact that you may not be a '' commercial lender '' and the National Credit Act does specially require that you register as credit provider, the Supreme Court has recently changed the law in that regard.

If you lend money to a friend or family or business associate and you are required to register and you don't you should be worried because you may never get your money back.

That loan agreement may be declared unlawful and void and in which case you may have to say '' bye bye'' to your money.

Call us today so we can advise you accordingly on whether you must register or you fall into one of the exceptions.



YOUR LEGAL CHALLENGES SORTED. DILIGENT

14/02/2020

Your Legal Challenges Sorted. Diligently

13/02/2020

LS MASHIFANE ATTORNEYS.

Your Legal Challenges Sorted. Diligently

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