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Thienhaus NO v Metje & Ziegler Ltd and Another [1] is an important case in South African property law. It was heard in the Appellate Division, by Steyn CJ, Van Blerk JA, Ogilvie Thompson JA, Williamson JA and Wessels JA, on 22 February 1965, with judgment handed down on 1 April.
G owed money to M, the respondent. The debt was secured by a mortgage on property belonging to B, in favor of M. However, there was an error in the wording of the mortgage bond, as it incorrectly stated that the debt was owed by SG, who happened to be the sole shareholder of G.
When B became insolvent, T was appointed as the liquidator. M sought a preferential right based on the mortgage bond, but this claim was rejected by T on the grounds that, due to the factual inaccuracy in the mortgage bond, the mortgage had not come into existence.
The court held, firstly, that a mortgage bond may be used both as an instrument of hypothecation and also as a record of debt, and secondly that it is matter of custom in drafting mortgage bonds to incorporate an admission of liability by the mortgagor to facilitate a quick and easy remedy.
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. Hypothec is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien.
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter. In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trusts.
A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.
The Readjuster Party was a bi-racial state-level political party formed in Virginia across party lines in the late 1870s during the turbulent period following the Reconstruction era that sought to reduce outstanding debt owed by the state. Readjusters aspired "to break the power of wealth and established privilege" among the planter elite of whites in the state and to promote public education. The party's program attracted support among both white people and African-Americans.
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations. One of the most common examples of a security interest is a mortgage: a person borrows money from the bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan.
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual rights with respect to property, and the control of proprietary management relationships between persons, as well as their rights and obligations. The protective clause for property rights in the Constitution of South Africa stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in private property have been on the rise.
Alexkor v Richtersveld Community, decided by the Constitutional Court in 2001, is an important case in South African law, with a particular bearing on the law of property and the use of customary law.
Mlombo v Fourie is an important and contentious case in South African property law. It was heard before Trollip J in the Transvaal Provincial Division on May 29, 1964.
Standard Bank of South Africa Ltd v Saunderson and Others is an important case in South African property law and civil procedure, heard in the Supreme Court of Appeal (SCA) by Howie P, Cameron JA, Nugent JA, Jafta JA and Mlambo JA on 23 November 2005, with judgment handed down on 15 December.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa which came into effect on 5 June, 1998, and which sets out to prevent arbitrary evictions.
Kilburn Appellant v Estate Kilburn Respondent, an important case in South African property law, was heard in the Appellate Division on 15 and 29 September, 1931.
ABSA Bank Ltd v Sweet and Others is an important case in the law of contract in South Africa. It was heard in the Cape Provincial Division May 12, 1992, by Tebbutt J, who delivered judgment on June 19.
Swadif (Pty) Ltd v Dyke NO is an important case in South African contract law, especially in the area of novation. It was heard in the Appellate Division by Wessels JA, Muller JA, Miller JA, Joubert JA and Trengove AJA on 15 September 1977, with judgment handed down on 22 November.
First National Bank of SA Ltd v Lynn NO and Others is an important case in South African contract law, especially in the area of cession. It was heard in the Appellate Division by Joubert JA, Nestadt JA, Van den Heever JA, Olivier JA and Van Coller AJA on 19 September 1995, with judgment passed on 29 November. M. Tselentis SC was counsel for the appellant; MJD Wallis SC appeared for the respondents.
South African company law is that body of rules which regulates corporations formed under the Companies Act. A company is a business organisation which earns income by the production or sale of goods or services. This entry also covers rules by which partnerships and trusts are governed in South Africa, together with cooperatives and sole proprietorships.
Truter and Another v Deysel is an important case in South African law, with particular resonance in the area of civil procedure and medical malpractice. It is also frequently quoted or invoked for its definition of "cause of action." It was heard in the Supreme Court of Appeal by Harms JA, Zulman JA, Navsa JA, Mthiyane JA and Van Heerden JA on 24 February 2006; judgment was delivered on 17 March. Counsel for the appellants was JG Dickerson SC; AC Oosthuizen SC appeared for the respondent. The case was an appeal from a decision in the Cape Provincial Division by Mlonzi AJ.
Kragga Kamma Estates CC and Another v Flanagan is an important case in the South African law of contract, an appeal from a decision in the South Eastern Cape Local Division by Jansen J. It was heard in the Appellate Division on August 19, 1994, with judgement handed down on September 29. The presiding officers were EM Grosskopf JA, Nestadt JA, Kumleben JA, Howie JA and Nicholas AJA. The appellants' attorneys were Tobie Oosthuizen, Port Elizabeth, and Webbers, Bloemfontein. The respondent's attorneys were Jankelowitz, Kerbel & Schärges, Port Elizabeth, and Lovius-Block, Bloemfontein. HJ van der Linde appeared for the appellants; JRG Buchanan SC for the respondent.
Administrator, Transvaal v Theletsane is an important case in South African law, heard in an Appellate Division comprising Botha JA, Smalberger JA, MT Steyn JA, FH Grosskopf JA and Nicholas AJA. The case was heard on November 5, 1990; judgment was delivered on November 30. The respondents' attorneys were SV Khampepe, Johannesburg, and EG Cooper & Sons, Bloemfontein. The appellants had the State Attorney.
Barclays Western Bank Ltd v Pretorius is an important case in South African law, particularly in the area of civil procedure; it was an appeal of Western Bank Ltd v Pretorius.
Western Bank Ltd v Pretorius is an important case in South African law, particularly in the area of civil procedure.
The law of agency in South Africa regulates the performance of a juristic act on behalf or in the name of one person by another, who is authorised by the principal to act, with the result that a legal tie arises between the principal and a third party, which creates, alters or discharges legal relations between the principal and a third party. Kerr states that, in legal contexts, the word "agent" is most commonly used of a person whose activities are concerned with the formation, variation or termination of contractual obligations, and that agency has a corresponding meaning. It is the agent's position as the principal's authorised representative in affecting the principal's legal relations with third parties that is the essence of agency.
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