Law

A claim for damages is a financial claim that is instituted to compensate a plaintiff as a result of a loss-causing event that occurred due to the fault of a defendant. In South Africa, there are a few broad types of damages a litigant can claim depending on the circumstances of the matter and nature of the breach. These are contractual damages; delictual damages; statutory damages; and constitutional damages. In this set of notes, we discuss each type of damages claim in great detail.

In these notes, we shift our focus from civil procedure to contract. These notes are for everyone and not only legal practitioners. How often is it that we enter into contracts with another party? Think about your home, car, cell phone… you would have very likely signed a contract in respect of each. As attorneys, we are inundated with contractual disputes, often because a party has not read and understood the terms correctly. The purpose of these notes are to show you exactly which ...

In these notes, I show you exactly how to draft a combined summons in both the High Court and the Magistrate’s Court, where the cause of action is based on the breach of an agreement. Included herein are both High Court and Magistrate's Court summons templates.

In January 2020, the Gauteng Division of the High Court, Pretoria and Johannesburg, implemented an electronic case management and litigation system, called CaseLines. The effect of said implementation is that most administrative and practical court activity now takes place electronically. As you should know, it has not been the easiest transition, however, CaseLines is proving to be a step in the right direction when it comes to ease and efficiency of filing and presenting matters. Th...

Jurisdiction refers to the competence of a court to hear and determine an issue between parties. A court’s jurisdiction may be limited due to the subject matter, amount in dispute, territory and the parties. In these notes, we take a deeper look!

In these VERY IMPORTANT notes, we discuss each type of summons, the contents of each as well as when the summons in question should be utilized to institute proceedings. We also look at the differences between the summons and the notice of motion, and explain when to use each.

A full summary of the textbook and the work needed for the exam.