• The right of an attorney to claim payment of costs from a third party 

      Du Plessis, Jacques (Juta Law, 2016-08)
      Parties to a contract sometimes agree that one party will pay certain costs to the other party’s attorney. A typical clause to this effect, which featured in Barnett v Abe Swersky & Associates (“Barnett”), reads as ...
    • The prescription period applicable to a debt secured by notarial bond 

      Loubser, Max (Juta Law, 2016-08)
      There are conflicting judgments on the question whether the 30-year prescription period provided for in section 11(a)(i) of the Prescription Act 68 of 1969 (“Prescription Act”) for “any debt secured by mortgage bond” also ...
    • On constitutive formalities, estoppel and breaking the rules 

      Myburgh, Franziska (Juta Law, 2016-08)
      This article focuses on the general rule in South African law that a successful reliance on estoppel should not result in the enforcement of an agreement prohibited by law.1 More particularly, it considers the application ...