Lawyeredsouthafrica
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Particulars of Claim - Contractual Damages
In previous notes, we looked at the various damages claims which may be instituted under South African law. For ease of reference, the types of damages which may be claimed are: • Contractual damages; • Delictual damages; • Statutory damages; and • Constitutional damages. In these notes, we will be drafting particulars of claim wherein we will be claiming damages from the defendant arising from its breach of a contract (contractual damages). A template of the drafted particulars o...
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- Summary
- • 23 pages •
In previous notes, we looked at the various damages claims which may be instituted under South African law. For ease of reference, the types of damages which may be claimed are: • Contractual damages; • Delictual damages; • Statutory damages; and • Constitutional damages. In these notes, we will be drafting particulars of claim wherein we will be claiming damages from the defendant arising from its breach of a contract (contractual damages). A template of the drafted particulars o...
What to Know and Expect when Applying and Interviewing for a Candidate Legal Practitioner Position
In these notes, I discuss what to know and expect when interviewing for a candidate legal practitioner position. I also provide some personal tips when it comes to applying for positions and attending interviews.
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- Summary
- • 10 pages •
In these notes, I discuss what to know and expect when interviewing for a candidate legal practitioner position. I also provide some personal tips when it comes to applying for positions and attending interviews.
Damages Claims in South Africa
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.
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- Summary
- • 16 pages •
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.
Important Clauses to Look out for in Contracts
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 ...
- Summary
- • 28 pages •
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 ...
Drafting a Combined Summons Where the Cause of Action is the Breach of an Agreement
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.
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- Summary
- • 57 pages •
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.
How To Use CaseLines (Creating Cases; Uploading Documents; Applying for Unopposed Dates)
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...
- Package deal
- Summary
- • 30 pages •
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...
Determining a Court's Jurisdiction
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!
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- Summary
- • 23 pages •
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!
Everything You Must Know About Each Type of Summons
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.
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- Summary
- • 20 pages •
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.
The Letter of Demand: Formalities, Requirements and Drafting
In this summary, we discuss what must be included in a letter of demand, when one must be sent and the manner in which it should be delivered. Also included herein are templates of a standard letter of demand as well as a section 129 notice.
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- Summary
- • 18 pages •
In this summary, we discuss what must be included in a letter of demand, when one must be sent and the manner in which it should be delivered. Also included herein are templates of a standard letter of demand as well as a section 129 notice.
Everything Candidate Legal Practitioners Need to Know About Articles of Clerkship
This booklet features a step-by-step practical explanation of the formalities pertaining to articles; Practical Legal Training (PLT); the attorneys' admission exams; cession of articles; the admission as an attorney procedure; the day to day tasks a candidate can expect to do during articles, and the salary they should expect; as well as applying and interviewing for candidate legal practitioner positions. Templates to various documents, notices and affidavits can also be found herein.
- Package deal
- Summary
- • 96 pages •
This booklet features a step-by-step practical explanation of the formalities pertaining to articles; Practical Legal Training (PLT); the attorneys' admission exams; cession of articles; the admission as an attorney procedure; the day to day tasks a candidate can expect to do during articles, and the salary they should expect; as well as applying and interviewing for candidate legal practitioner positions. Templates to various documents, notices and affidavits can also be found herein.
Particulars of Claim - Contractual Damages
South African Civil Law Booklet
South African Civil Law Booklet
South African Civil Law Booklet
South African Civil Law Booklet
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