About pietervdm

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So far pietervdm has created 301 blog entries.

3 Grounds for Fair Dismissal

According to South African law there are only three grounds for the fair dismissal of an employee, namely the conduct of the employee, the capacity of the employee and the operational requirements of the employer's business. 1.Conduct of the employee In order for the dismissal to be regarded as fair: The employee must have contravened [...]

Yes, I have read the terms and conditions

English stand-up comedian Eddie Izzard once said “No one in the universe has read the terms and conditions”. He was of course referring to the terms and conditions of iTunes which we all blindly accept in the “ordinary course of our social business”. He went on further to say “anything could be in the terms [...]

Our firm’s perspective on M&A activity

There is something magical about putting commercial transactions together and implementing them. It feeds into the primary instinct of people to constantly strive for growth and advancement. Unfortunately, the outcome is not always win-win and sometimes one is faced with a win-lose situation. Before I provide my view on M&A activity, it is important to [...]

To Litigate or to Arbitrate? You Should Ask that Question.

There are likely few ‘high stakes’ business men and women and (hopefully) fewer commercial attorneys who won’t be familiar with an arbitration clause. Typically, such a clause will oblige the parties to an agreement to refer any dispute arising from the agreement, to be determined by an arbitration tribunal in accordance with certain rules which [...]

Piercing the Corporate Veil

1.    Introduction The doctrine of the corporate veil suggests that the legal personality of a company and the personalities of its shareholders and directors are separated. The corporate veil is regarded as the general principle in terms of a company’s liability. It is clear that legal personality of a company can be disregarded in certain [...]

Void vs Voidable Election

An agreement that is unenforceable from the moment it is created is void ab initio (or void from the outset). Examples would be that the contract did not possess any one of the essentialia of a valid contract as at the time of conclusion and therefore a contract could never have been created. The following are requirements [...]

End of the Year message !!

Dear friends and clients, We are pleased to report that we have once again had a brilliant year thanks to your invaluable support. In 2014, we have managed to create tremendous value for our clients and have protected the interests of several clients successfully. From a strategic point of view, we have also grown our [...]

Estopple & Suspensive Conditions – Friend or Foe?

It is common practice within the commercial environment to conclude contracts which are subject to suspensive conditions or otherwise known as condition precedents (“CPs”). Whilst most CPs are relevant and necessary for a variety of reasons (dependent on the particular transaction), ensuring the accurate fulfillment of same is often not attributed the same level of [...]

The Business Judgement Test

Section 76 of the Companies Act No. 71 of 2008 (“Act”) sets out the partial codification of directors’ duties and liabilities. The partial codification of directors’ duties has effectively narrowed the scope of directors’ duties due to the statutory defence available to directors in the form of satisfying the test deemed the business judgment test. [...]

Distinguishing Between An Unincorporated Association And An “Universitas”

Introduction Before delving into an investigation as to the differences between an unincorporated association and an universitas, it is essential to have a basic understanding of the two concepts: An unincorporated association is a voluntary association existing under the common law.  It is not a juristic person and cannot own immovable property for its own [...]

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