Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Pietermaritzburg. Read further below about a “Bulldog Lawyer”)

Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise when one or more parties feel that the terms of the contract have been violated. This can apply to an employment contract, lease agreement, marriage contract, or one where you lent someone money. Even buying groceries at your local grocery is a contractual transaction. You pay, and he provides you with the goods. The list is endless.

All is good until someone violates the terms of the contract. This is where you may want to use an attorney or advocate in Pietermaritzburg. Read further below about what is referred to as a “bulldog lawyer”. If the other side is playing hardball or has a bulldog lawyer, then having a tough lawyer who takes no-nonsense is something that you must consider. Please note that the law on contractual disputes would be the same whether you live in Pietermaritzburg or any other city in South Africa.

Let us get into the theory. Navigating the complexities of contract law disputes requires a clear understanding of the legal principles and practical strategies for resolution.

Critical Elements of Contract Law are as follows:

Formation of Contract:

Before delving into disputes, it’s essential to understand how contracts are formed. A valid contract typically requires an offer, acceptance, consideration, legal capacity, and legality of purpose. Disputes may arise if any of these elements are in question. If you are entering into a high value contact, it may be best to consult with an advocate or attorney beforehand.

Types of Contracts:

Contracts can take various forms, such as express, implied, unilateral, and bilateral. Understanding the nature of the contract is crucial in determining the rights and obligations of the parties involved.

Common Contract Disputes:

Breach of Contract:

The most prevalent type of contract dispute arises from a breach. This occurs when one party fails to fulfil its obligations outlined in the contract. It could involve non-payment, incomplete performance, or failure to deliver goods or services.

Misrepresentation:

If one party makes false statements that induce another to enter a contract, it may lead to a dispute. Misrepresentation can be innocent, negligent, or fraudulent, each carrying different legal consequences.

Duress and Undue Influence:

Contracts entered under duress or undue influence may be deemed voidable. If one party was coerced or pressured into an agreement, it could lead to a dispute over the contract’s validity.

What follows are resolution strategies when it comes to contract disputes.

Negotiation:

Often, disputes can be resolved through negotiation. Parties can discuss the issues, explore compromises, and reach a mutually acceptable resolution without legal action. You should use a tough lawyer to represent you if the other side is unreasonable.

Mediation:

Mediation involves a neutral third-party facilitating discussions between the parties to help them resolve. It is a voluntary and confidential process that can be less adversarial than litigation.

Arbitration:

Arbitration is a more formal process where an arbitrator or a panel makes a binding decision after hearing both sides. It provides a faster and more private resolution compared to traditional court proceedings.

Litigation:

If all else fails, parties may resort to litigation. This involves taking the dispute to court, presenting evidence, and having a judge decide. Litigation can be time-consuming and costly, but it provides a definitive resolution.

Conclusion:

Contract law disputes are an inherent risk in business transactions, but understanding the principles and available resolution strategies can mitigate potential damage. Whether through negotiation, mediation, arbitration, or litigation, the goal is to find a fair and just resolution that upholds the integrity of the contractual relationship. As businesses continue to engage in complex transactions, a comprehensive understanding of contract law and dispute resolution mechanisms is essential for navigating the legal landscape successfully. When meeting with an advocate or attorney to assist you in your contractual dispute, discuss the above issues or factors with him or her to find out if they know what they are talking about.

What is a bulldog lawyer?

A “bulldog lawyer” is a colloquial term used to describe a lawyer (attorney or advocate) known for their aggressive and tenacious approach to legal representation. The term draws an analogy between the lawyer’s characteristics and those of a bulldog, known for its solid and determined demeanour. Bulldog lawyers are often associated with being assertive, persistent, and unwavering in pursuing their client’s interests.

Key characteristics of a bulldog lawyer may include:

Aggressiveness: Bulldog lawyers are known for their assertive and forceful advocacy on behalf of their clients. They are unafraid to challenge opponents and vigorously pursue their client’s objectives.

Tenacity:

Bulldog lawyers are persistent and determined in their legal pursuits. They may be willing to go to great lengths to achieve their client’s goals and are known for not easily giving up in the face of challenges.

Fearlessness:

Bulldog lawyers are often unafraid to take on tough cases or confront powerful adversaries. They may be known for their willingness to face complex legal battles head-on.

Advocacy Skills: Bulldog lawyers possess strong advocacy skills, including effective communication, negotiation, and litigation abilities. They can passionately argue their client’s case in court or during negotiations.

Strategic Thinking:

While aggressive, bulldog lawyers are also strategic in their approach. They carefully plan their legal strategies and tactics to achieve the best possible outcome for their clients.

It’s important to note that “bulldog lawyer” can have positive and negative connotations. On the positive side, it highlights an attorney’s dedication and commitment to their clients. On the negative side, it may suggest an overly aggressive or abrasive style that may not be suitable for all legal matters or personalities.

 

 

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Pietermaritzburg. Read further below about a “Bulldog Lawyer”)

Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise when one or more parties feel that the terms of the contract have been violated. This can apply to an employment contract, lease agreement, marriage contract, or one where you lent someone money. Even buying groceries at your local grocery is a contractual transaction. You pay, and he provides you with the goods. The list is endless.

All is good until someone violates the terms of the contract. This is where you may want to use an attorney or advocate in Pietermaritzburg. Read further below about what is referred to as a “bulldog lawyer”. If the other side is playing hardball or has a bulldog lawyer, then having a tough lawyer who takes no-nonsense is something that you must consider. Please note that the law on contractual disputes would be the same whether you live in Pietermaritzburg or any other city in South Africa.

Let us get into the theory. Navigating the complexities of contract law disputes requires a clear understanding of the legal principles and practical strategies for resolution.

Critical Elements of Contract Law are as follows:

Formation of Contract:

Before delving into disputes, it’s essential to understand how contracts are formed. A valid contract typically requires an offer, acceptance, consideration, legal capacity, and legality of purpose. Disputes may arise if any of these elements are in question. If you are entering into a high value contact, it may be best to consult with an advocate or attorney beforehand.

Types of Contracts:

Contracts can take various forms, such as express, implied, unilateral, and bilateral. Understanding the nature of the contract is crucial in determining the rights and obligations of the parties involved.

Common Contract Disputes:

Breach of Contract:

The most prevalent type of contract dispute arises from a breach. This occurs when one party fails to fulfil its obligations outlined in the contract. It could involve non-payment, incomplete performance, or failure to deliver goods or services.

Misrepresentation:

If one party makes false statements that induce another to enter a contract, it may lead to a dispute. Misrepresentation can be innocent, negligent, or fraudulent, each carrying different legal consequences.

Duress and Undue Influence:

Contracts entered under duress or undue influence may be deemed voidable. If one party was coerced or pressured into an agreement, it could lead to a dispute over the contract’s validity.

What follows are resolution strategies when it comes to contract disputes.

Negotiation:

Often, disputes can be resolved through negotiation. Parties can discuss the issues, explore compromises, and reach a mutually acceptable resolution without legal action. You should use a tough lawyer to represent you if the other side is unreasonable.

Mediation:

Mediation involves a neutral third-party facilitating discussions between the parties to help them resolve. It is a voluntary and confidential process that can be less adversarial than litigation.

Arbitration:

Arbitration is a more formal process where an arbitrator or a panel makes a binding decision after hearing both sides. It provides a faster and more private resolution compared to traditional court proceedings.

Litigation:

If all else fails, parties may resort to litigation. This involves taking the dispute to court, presenting evidence, and having a judge decide. Litigation can be time-consuming and costly, but it provides a definitive resolution.

Conclusion:

Contract law disputes are an inherent risk in business transactions, but understanding the principles and available resolution strategies can mitigate potential damage. Whether through negotiation, mediation, arbitration, or litigation, the goal is to find a fair and just resolution that upholds the integrity of the contractual relationship. As businesses continue to engage in complex transactions, a comprehensive understanding of contract law and dispute resolution mechanisms is essential for navigating the legal landscape successfully. When meeting with an advocate or attorney to assist you in your contractual dispute, discuss the above issues or factors with him or her to find out if they know what they are talking about.

What is a bulldog lawyer?

A “bulldog lawyer” is a colloquial term used to describe a lawyer (attorney or advocate) known for their aggressive and tenacious approach to legal representation. The term draws an analogy between the lawyer’s characteristics and those of a bulldog, known for its solid and determined demeanour. Bulldog lawyers are often associated with being assertive, persistent, and unwavering in pursuing their client’s interests.

Key characteristics of a bulldog lawyer may include:

Aggressiveness: Bulldog lawyers are known for their assertive and forceful advocacy on behalf of their clients. They are unafraid to challenge opponents and vigorously pursue their client’s objectives.

Tenacity:

Bulldog lawyers are persistent and determined in their legal pursuits. They may be willing to go to great lengths to achieve their client’s goals and are known for not easily giving up in the face of challenges.

Fearlessness:

Bulldog lawyers are often unafraid to take on tough cases or confront powerful adversaries. They may be known for their willingness to face complex legal battles head-on.

Advocacy Skills: Bulldog lawyers possess strong advocacy skills, including effective communication, negotiation, and litigation abilities. They can passionately argue their client’s case in court or during negotiations.

Strategic Thinking:

While aggressive, bulldog lawyers are also strategic in their approach. They carefully plan their legal strategies and tactics to achieve the best possible outcome for their clients.

It’s important to note that “bulldog lawyer” can have positive and negative connotations. On the positive side, it highlights an attorney’s dedication and commitment to their clients. On the negative side, it may suggest an overly aggressive or abrasive style that may not be suitable for all legal matters or personalities.

 

 

Related Post

Uncontested divorce in South Africa

What do we mean when we use the term “
uncontested divorce”? Our law offices have potential clients calling in on a regular basis and when asked about the nature of the divorce, we’re met with “What do you mean?“. This is perfectly normal from a layperson’s perspective. To put it simply, an uncontested divorce is a divorce in which both parties are in agreement with. Because of the less complex nature of this divorce; it can be done within a matter of three weeks with our legal expert on board. As explained by the legal expert on our website, for Undefended Divorce in the Western Cape High Court, you will have to: Complete the free online divorce form below to assist you with your unopposed divorce. View the following related pages: Free DIY Online Divorce Guide and Form A divorce guide in PDF format A Sample Summons in Word format A Particulars of Claim in Word Format A notice of Set Down in Word Format Find out more about Undefended Divorce in the Western Cape High Court and call our law offices on 021 424 3487 to make an online appointment with us for a professional legal consultation today!  

DIY divorce in Cape Town, Western Cape

Are you interested in finding out more about doing your own divorce? While this can be more economically viable option, you will need the assistance of the legal expert to guide you along the way. Our website has been designed to navigate easily for the layperson. The creators of this website have also tried to make content easy to navigate. With this in mind, we have supplied a number of free, expert legal advice articles that has been carefully crafted by the legal expert himself. According to the legal expert stated in Do Your Own Unopposed Divorce, the following will need to be done: A summons needs to be drafted which will be issued by the divorce court to commence the divorce process. It should have on it the details of the court you will be issuing divorce, details of the parties, e.g. names, occupation and address etc. Every High Court in the area where you live has the authority to attend to a divorce. There are however specialized divorce courts that may attend to a divorce as well. You should then draft a particulars of claim, outlining relevant matters concerning the marriage, children, reasons for wanting a divorce and what do you want the court to grant you in a divorce order. This particulars of claim you attach to the summons. Here is an example of a summons and particulars of claim for a divorce for a couple married in community of property with no children getting divorce in the High Court in Cape Town. For more on how to go about your DIY Divorce, see our Do Your Own Unopposed Divorce and make an online appointment with us today by calling our friendly receptionist at 021 424 3487.  

Contested divorce in South Africa

When it comes to contested divorce – we’re talking long Court procedures due to overbearing court rolls. First of all, a contested divorce is a divorce in which both, or one party opposes the divorce and is not in agreement of the divorce. We have found that the parties becomes overly emotional about the process and tend to lose track of the bigger picture. This is a major contributing factor that adds to dragging process. However, our legal expert would always inform parties that easy divorces are generally rare (even in a case of an uncontested divorce). One too many times, where there’s children involved, you will find issues of child custody, visitation rights and child maintenance will arise in the process. As advised on How to Win Your Divorce Case article, it is encouraged to acquaint yourself with the laws regarding child maintenance. The following scenario is highlighted for instance: Lets say a couple was married for 10 (years). They married in community of property. In other words, they share in everything. There are 2 children born from the marriage. They live in a home that is bonded, but purchased by the wife before the marriage. The bond is only registered on her name, and gets deducted from her personal banking account. The father however does not work, but attends to the household, which includes cleaning, taking the kids to school, making food etc. When the children are ill, the father would be the one who stays up caring for them. School projects and homework is also attended to by the father. The father does some web designing work for income, but his income is minimal compared to that of his wife. The best would be to enter into a parenting plan. For more on this, read our  How to Win Your Divorce Case article on our web page. Call our law offices on 021 424 3487 to make an online appointment with us for a professional legal consultation today!

Free divorce products and toolkits

As previously mentioned, we pride ourselves in trying to make legal information easily accessible. Do feel free to link on the relevant links below and start downloading our free, legal advice products for your convenience:
  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
Call our law offices on 021 424 3487 to make an online appointment with us for a professional legal consultation today!      

Newlands – New Water Collection Point in Newlands Cape Town

[caption id="attachment_6323" align="alignleft" width="300"]New Water Collection Point Taps - Newlands Cape Town New Water Collection Point Taps – Newlands Cape Town[/caption]             The water crisis in the Western Cape is still upon us. Other than limiting our water usage, the majority of Cape Town ratepayers had to drill deep into their pockets to pay for the water they consumed. For many, no matter how little water they consume, they pay more for water now, than ever before. The crisis is affecting our pockets. Since the water crisis, residents have resorted to alternative means of acquiring and saving water. Some are using boreholes, others JoJo tanks, and others collecting water from various springs around Cape Town. One popular area where springs are in abundance, is Newlands, Cape Town. Since recently, people collected water from two points in Newlands. Now there is an additional collection point available to the public, situated behind the Newlands Swimming Baths, in Cape Town. Look at the picture above, can you see the empty swimming pools?   [caption id="attachment_6316" align="alignleft" width="300"]View from the parking lot at the new Water Collecting Point, Newlands, Cape Town View from the parking lot at the new Water Collecting Point, Newlands, Cape Town[/caption]          

 When did the new Water Collection Point Open?

The new water collection point opened its doors (or taps) to the public on Wednesday 9 May 2018. We, however, presume that it was only officially open the following day. Don’t quote us on that. Not many people know of it yet. A visit to the location on Friday morning, at 5:40, while doing a run, woke up the security guard on duty. It was clear he was new to his job and was a bit startled. Needless to say, we were welcomed to use the taps. We thought it was best to first check out the new location, before coming with our buckets, bottles and wheelbarrows to collect water.   [caption id="attachment_6322" align="alignleft" width="300"]Behind Newlands Baths is the New Spring Water Collection Point Parking Lot at the new New Spring Water Collection Point, Newlands, Cape Town[/caption]

 Where is the new Water Collection Point Situated?

This new Water Collection Point is situated behind the Newlands Swimming Pools. The pools are currently empty. One would wonder why not fill the pools up with spring water? After all, there is an abundance of it, and its free. Let’s leave that thought again for summer. To get to the new location, you have to drive from Claremont, southwards, towards Cape Town, with Newlands Baths on your left. As you pass the Baths, you would soon see a turn off to your left, taking you into the parking lot of the new collection point. There seems to be ample parking. However, with this water crisis still looming, congestion is expected in the near future. When we visited the location this afternoon, to take some pictures (from our phone – who moves around these days with a camera?), they were busy with some maintenance work at the entrance. It seems as if they were cutting some branches, making way for the parking. The picture collaborates with our assumption. We guess in the next few weeks, security will be more visible on the post. [caption id="attachment_6317" align="alignleft" width="300"]Newlands Springs Collection Point May 2019 Parking Area close to Spur Drive into the new Spring Water Collection Point – Close to Spur[/caption]

What are the operating times?

According to the banner on display, the operating times are from 05:00 until 23:00. So, if you are an early bird (like us), or late sleeper (or both), they cater for you. The current operating water collection points in Newlands are open 24/7. This may come to an end soon. We were advised by security that they expect approximately 5000, yes five thousand visitors a day. We suggest that you consider parking at the Parking Lot of Newlands Baths, should you decide to collect during peak times. The only problem with that is, you would have to walk about 200 meters to your vehicle with bottles in your hands. Unless you have a trolley, that may not be an issue. We presume many entrepreneurs would be nearby assisting people with their water carrying for a small fee. Otherwise, use it as your weekly workout session.  

 Newlands Springs Collection Point May 2019 - New Taps

The new Water Collection Taps at Newlands Cape Town

 Can one drink the water?

According to the banner on display (it may be clear in one of the pictures); you use the water at your own risk. That is a good disclaimer. We were however advised by the security on site that it is the same water the comes from the taps of the sister springs. It was said that the municipality will manage the new taps, so I guess a disclaimer is essential. Should your tummy ever cramp, remember the disclaimer before speaking to your lawyer. And no, we are not the City’s lawyers. [caption id="attachment_6320" align="alignleft" width="300"]Water Crises Cape Town Newlands Spring Collection Point Baths View to 8 taps on the North Facing Side of the Collection Point[/caption]

How much can you collect?

The rules are the same as at the other springs, 25 litres of water per person. So, bring with all your kids, neighbours and friends and make an outing of it. Unless the law changes, pets do not count as persons for the purposes of water collection (fee legal advice). If you have time available, fill up a 25-litre container, take it to your car, and then stand in the queue again. That might save you a few trips to Newlands. [caption id="attachment_6318" align="alignleft" width="300"]Newlands Springs Collection Point May 2019 - Parking for Water Collectors Newlands Springs Collection Point May 2019 – Parking for Water Collectors[/caption]

 Things to note

  • 25 Litres per person;
  • 15 minutes of parking;
  • Wait your turn;
  • Have loads of patience;
  • Wheel Clamping;
  • Use water at your own risk;
  • Collect from 05:00 until 23:00;
  • Enjoy the experience
  • Keep saving water
[caption id="attachment_6332" align="alignleft" width="300"]Water Crises Cape Town Newlands Spring Collection Point Water Crises Cape Town Newlands Spring Collection Point[/caption]             If you have any comments, please feel free to post it below. Also, have a look at a previous article on
World Water Day. If you want some insight into the law, read this article:

YOUR HUMAN RIGHT TO DRINKING WATER: A BRIEF CONSTITUTIONAL PERSPECTIVE

HAPPY WATER COLLECTING – OUR LAWYER WATER WARRIORS

   

Relocation with my minor child to Malaysia, Johor Bahru (Consent and Refusal) – Advocate Muhammad Abduroaf

The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.

Relocation of your minor child to Johor Bahru, Malaysia

If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages seven or eight) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Hopefield or Giyani, South Africa, and you want to relocate to Johor Bahru, Malaysia, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.

What about Passport Consent to travel or relocate to Johor Bahru, Malaysia?

The same applies when it comes to your minor child applying for a South African passport to relocate to Malaysia, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.

What are the steps to follow when I want to relocate to Johor Bahru, Malaysia with my minor child? There is another parent.

To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Johor Bahru, Malaysia.

What can I do if the other parent does not want to consent to the minor child’s relocation to Johor Bahru, Malaysia?

If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Johor Bahru, Malaysia, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Johor Bahru, Malaysia. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Johor Bahru, Malaysia, the Court would make it possible despite the issue of consent or refusal.

What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Johor Bahru, Malaysia?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Johor Bahru, Malaysia – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Johor Bahru, Malaysia, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.

Getting legal assistance or help with your relocation application to Johor Bahru, Malaysia

If you require legal assistance or representation with relocating to Johor Bahru, Malaysia due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.