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THE IMPACT OF UNFORESEEN EVENTS ON CONTRACTUAL IMPLICATIONS FORCE MAJEURE / IMPOSSIBILITY OF PERFORMANCE

Contributors: Marius van Rensburg – Partner INTRODUCTION The purpose of this article is to explore the impact of COVID-19 and the resultant lockdown on contractual implications in South Africa.   There are two primary issues to be considered in this regard: Does the contract have a Force Majeure (FM) clause? If there is no FM
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Business Rescue versus Liquidation. The difference between the two mechanisms to help guide you in making the best commercial decision for your business.

By Katya Oberzhitsky (Associate designate) and Caitlin Wilde (Partner)   Introduction   The COVID-19 pandemic has caused mass uncertainty for South African business owners, given the far-reaching economic ramifications it may have on our economy. Many business owners are concerned about what this means for the health and sustainability of their business in the coming
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The Effects of Business Rescue on Property Owners

Contributors: Paul-Michael Keichel and Elani Vogel The Effect of the Moratorium In terms of section 133 of the Companies Act, 71 of 2008 (hereinafter “the Act”), a general moratorium/suspension is placed on any legal proceedings/enforcement action against the company or in relation to property owned or lawfully possessed by the company. In addition to such
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The National Lockdown and Estate Living

President Cyril Ramaphosa’s address of the nation on 23 March 2020 and announcement of a 21-day nationwide lockdown have sparked debate around the intricacies of such a lockdown, especially as to the strictness with which same would be implemented. One of the questions which forms the subject of this debate relates to whether residents of
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DISTRESSED PROPERTIES, FORCED SALES AND PROPERTIES IN REPOSESSION

Marius van Rensburg – Author INTRODUCTION Current economic conditions will likely lead to more property owners being in financial distress. This article will identify and explain the phases related to financially distressed sales. DISTRESSED SALES A distressed sale occurs where the seller must sell due to circumstances, such as impending repossession by the bank, a
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