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REMEDIES FOR SOLE DISTRIBUTORS
Interesting • 14th Nov, 14



1. INTRODUCTION

1.1 Traders in South Africa who negotiate sole distributorship agreements with foreign suppliers for the supply and resell of products in this country are often left with few or no remedies should the grantor of such sole rights unintentionally sells the same products to an entity outside South Africa, who, in turn, sells such products to a distributor in South Africa.

1.2. This happened in the case Taylor & Horne (Pty)...


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ANTENUPTIAL CONTRACTS APPLY WHETHER REGISTERED OR NOT
Interesting • 14th Nov, 14



A situation which manifests itself from time to time is that parties conclude antenuptial contracts between themselves but these contracts are either not notarially executed or registered in the relevant Deeds Registry.  What then invariably transpires is that the conveyancer, faced with the requirements of the Deeds Registry concerned of a closed list of descriptions of the marital status of these parties, ends up registering such immovable property in both their names as...


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IS IT POSSIBLE FOR A RIGHT OF PRE-EMPTION ESTABLISHED THROUGH A TESTAMENTARY DISPOSITION TO PRESCRIBE?
Firm • 13th Nov, 14



The Supreme Court of Appeal had to deal with the question whether a right of pre-emption, acquired by virtue of a testamentary disposition and registered against the title deed of a farm, prescribed prior to the grantee having exercised that right.

The facts were as follows:  The appellant Christoffel and his brother Johannes were beneficiaries in the will of their parents with their mother being the survivor.  In terms of the will...


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