News
Traversing uncharted territory: Does the conclusion of a ‘package deal’ trigger pre-emptive rights?
The genealogy of pre-emptive rights can be traced back as far as the Digest of Justinian – where D 18 1 75 and D 19 1 21 5, albeit scantly, dealt with the sale of land subject to the...
Purchase price deferments and the potential application of the NCA
The decline of the economy and the attendant downturn in the property market have forced market players to structure and finance their transactions in innovative ways. Although not...
A bridge (and perhaps a shoe) too far…
Despite the ubiquitous application of preferential rights in various branches of our law, the residual rules regarding the nature and scope of the rights and remedies afforded to the...
Sometimes you just gotta stick to the (business rescue) plan…
The primary rationale behind the introduction of the new business rescue procedure was to afford financially distressed companies the opportunity to restructure their affairs, with...
There is no “lawyer’s paradise”: Interpreting contracts of insurance
It is well known that insurance contracts need not be reduced to writing to be rendered enforceable, however, given that insurance is, by and large, a risk transferring enterprise...