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Pat Dewes
“Is there no end to the greed of this regime?  I built and paid for the road, it is mine not the Government’s.  Any traffic officer attempting to fine any user on my road will be charged with trespassing.” The quote above is to be found on the Web and was written in response to...
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Signed or Not? That is the question………… Most, if not all, commercial contracts contain a clause which reads something like: “No amendment or consensual cancellation to this agreement will be valid or binding unless it is reduced to writing and signed by the parties to the agreement.” The primary purpose of such a clause is...
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The High Court in Durban was recently asked to decide on the fate of a St Bernard named Theodore. (See footnotes 1 to 4). Purchasers in a residential estate are generally contractually bound to abide by the rules of conduct of the estate. A prudent developer will put the rules in place before the first...
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It is a little known fact that the Antarctic Treaties Act of 1996 requires the parties to a dispute concerning the application or interpretation of the protocol on environmental protection to resolve that dispute through mediation. The Antarctic may be half a world away and, but for the rising of the seas owing to a...
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He trusted neither of them as far as he could spit, and he was a poor spitter, lacking both distance and control. –       PG Wodehouse   The distribution of the estate of a deceased person is governed by that person’s will or the laws of intestacy or by a contract entered into prior to death....
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Pat Dewes is an avid fan of the TV series Boston Legal. He feels that the director has got courtroom drama just right, but perhaps stretches the glamor of our profession rather thin. Over a cup of coffee we found out what Pat’s career as a litigator means to him … You won’t find any...
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My aim is to make things as simple as possible, but not simpler than that.  – Albert Einstein This noble phrase crossed my desk a month or two back in a letter and has, as a consequence, stirred up litigation with national and possibly international consequences.  A franchisor which operates internationally has an agreement with...
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