The requirement that agreements entered into must be honoured is an age-old international principle of law and is well-recognized in S.A. Law.  The pacta sunt servanda principle dictates that obligations created in terms of agreements must be honoured.  Parties who enter into contractual agreements with the required intent are obliged to respect these agreements.  Courts are generally reluctant to deviate from this principle.

A prominent firm of attorneys was recently held responsible by the High Court of South Africa for failing to protect a depositor of funds against cybercrime.  The decision highlights the importance to attorneys to adopt and employ suitable measures against cybercrime.

Nowadays everybody is subject to the fast pace of modern life.  Access to internet and cellphones contribute to the demand for instant results.  However, some important decisions need proper consideration and understanding of all the complications associated therewith.

Tacit contracts or clauses form part of our law of contract.  Lawyers are familiar with allegations in pleadings that the parties have entered into express, alternatively tacit agreements or clauses.  To establish if and when a tacit agreement had been entered into in particular circumstances is not always evident.

The Maintenance Act allows applicants to issue warrants of execution against defaulters once the amount of arrears maintenance is not in dispute.

This procedure allows for an application for a warrant in execution by an applicant at the Maintenance Court, without informing the respondent / defaulter of such application.