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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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1
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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2
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
1
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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2
Article
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Filter: Credit
Be wary of an ‘instant loan’

15 September 2022

Open any newspaper, check your junkmail or read one of the many unsolicited sms or WhatsApp messages and you will... find an advertisement from a credit provider offering an instant credit loan, some even going so far as to state you are immediately approved. But how legit are these solicitations? 

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338
Article
What legal costs can a creditor charge a debtor to recover outstanding debt?

08 February 2022

When times are tough, you may not get around to paying all your bills. But be warned, if neglected for... too long, it will inevitably lead to letters of demand for payment along with interest, charges and legal fees. As your outstanding obligations grow, you may wonder whether all these costs are allowed? Lets unpack what the law says.

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379
Article
Wrong funds in your account? What can you and your bank do with the funds?

20 May 2021

I recently had the situation where a third party accidentally paid a sum of money into our business account. Our... banker saw the amount and asked whether it could be used to settle some of our company’s debt with the bank. When informed that it was not our money, the re-transfer to the third party was arranged. However, I was wondering what would have happened if we had used the money or the bank had taken it to settle our debt with it?

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343
Article
Should I get regular statements from my credit provider?

16 October 2019

I hardly ever receive statements from my credit providers. Surely, they should be sending me regular statements so I can... see what I owe them. What does the law say about this?

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311
Article
When am I required to register as a credit provider?

03 January 2019

I run a small crafts shop in town. From time to time I allow some of my regular customers to... pay me back over time. It’s usually not big amounts and I only do it to help them because I know times are tough. A friend warned me though that I should be careful as I may be required to register as a credit provider. Is this true?

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305
Article