Who is held responsible for payments lost due to cybercrime?
This is exactly what happened in Fourie v Van der Spuy and De Jongh Inc. and others. The First Respondent was a law firm and the Second and Third Respondents were practising Attorneys. The Applicant claimed payment of R1 744 599.45 from the Respondents. The First Respondent had a mandate to deal with money paid […]
Trade marks: To register or not to register
We’ve all seen those little subscripted trade mark symbols, the tiny ® and ™, next to the brand names and logos we’ve come to welcome into our daily lives. But why are there two symbols where a single one could work? The answer is a lot simpler than you may think. Creating something unique takes […]
Personal liability of directors of non-profit organisations
I am a director of an NPO. Can I be held liable in my personal capacity for damages caused by or debt incurred by the organisation? I thought that I was doing something good. What does it mean to carry on business recklessly? Can I be held accountable if I knew about dodgy transactions but it was not my signature on the […]
Is business interruption insurance the key?
A business interruption insurance policy typically caters for a decrease in turnover or profit (depending on the type of cover); an increase in operating expenses and a move to a temporary location (if necessary). The question arises whether or not COVID-19 qualifies as an insured event which could lead to a valid and enforceable insurance […]
Understanding the debt review process
In these difficult economic circumstances, you may find yourself in a position where you are unable to pay your debt. The National Credit Act makes provision for debt management in the form of debt review by making an application to the court to restructure the payment schemes of all your creditors. It may be a […]
What options do businesses have when facing financial crisis?
South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and a myriad of other factors, have negatively impacted South African businesses, especially small and medium business enterprises. Many of these struggling enterprises are now at a crossroads: do they continue […]