Posts

DO COMMERCIAL LEASE TENANTS NEED TO PAY THEIR RENT DURING THE LOCKDOWN PERIOD?

Image
THERE IS A GENERAL PRINCIPLE in the Law of Contracts which requires that in instances of supervening impossibility of performance, a party who is prevented substantially from performing in terms of the contract is relieved from their obligation to perform in terms of that contract. In this regard, if there is a superior force which prevents a person from performing in terms of a contract this will be construed as vis major and regarded as a form of supervening impossibility to perform. ONE FORM of vis major is casus fortuitus, which is ordinarily defined as an uncontrollable accident or act of God. In this regard, an epidemic such as Covid-19 would in our opinion be regarded as a casus fortuitus event. If a tenant is able to show that as a result of Covid-19 they do not have beneficial occupation of the leased premises, i.e. do not have access to the leased premises, and further that the epidemic was unforeseen, uncontrollable and the direct result of an inability to per...

DO COMMERCIAL LEASE TENANTS NEED TO PAY THEIR RENT DURING THE LOCKDOWN PERIOD?

Image
THERE IS A GENERAL PRINCIPLE in the Law of Contracts which requires that in instances of supervening impossibility of performance, a party who is prevented substantially from performing in terms of the contract is relieved from their obligation to perform in terms of that contract. In this regard, if there is a superior force which prevents a person from performing in terms of a contract this will be construed as vis major and regarded as a form of supervening impossibility to perform. ONE FORM of vis major is casus fortuitus, which is ordinarily defined as an uncontrollable accident or act of God. In this regard, an epidemic such as Covid-19 would in our opinion be regarded as a casus fortuitus event. If a tenant is able to show that as a result of Covid-19 they do not have beneficial occupation of the leased premises, i.e. do not have access to the leased premises, and further that the epidemic was unforeseen, uncontrollable and the direct result of an inability to pe...

Employment Contract Builder South Africa

Image
Legal Legend’s Automated Employment Contract Builder is a first of its kind in South Africa. Whether you are looking for a simple contract of employment or a more complex one, our simple preference selectors will allow you to generate an Employment Contract suited to you.If you aren’t happy with the Employment Agreement which is generated, we offer a 100% money back guarantee.

Inappropriate Workplace Behaviour & How to Prevent It

Image
Is your business doing enough to ensure that it prevents harassment in the work, and the liability associated therewith? IN RECENT YEARS , there has been an increasing realisation of the prevalence and the devastating effects of inappropriate workplace behaviour, especially sexual harassment, in both South Africa and in international jurisdictions. The “MeToo” campaign brought awareness to this pandemic, where shocking revelations were made, regarding a number of persons that were sexually harassed, especially by their employers or by persons in positions of power over them. Workplace behaviour is the manner in which employees respond to specific circumstances or situations in the workplace. Whilst many elements determine an individual’s behaviour in the workplace, employees are shaped by their culture and by the organisation’s culture. Therefore, it is incumbent upon a company to ensure that its culture is a healthy one in which employees feel free, safe and protected so as ...

Workplace Behaviour Policy

Image
Every place of work has a different atmosphere, a different environment, a different ethos. An efficient and harmonious working environment is created, largely, by the way people behave in the workplace. This includes the behaviour of employees, employers and to, some extent, even customers and clients.It is important for you as an employer to develop a Workplace Behavior Policy so as to ensure consistency in the workplace and to prevent a situation where your company can be held liable for any form of bullying or harassment in the workplace.

Employee Disciplinary Policy South Africa

Image
An employer’s rules must create certainty and consistency in the application of discipline in order to be labour law compliant. This requires that the standards of conduct are clear and available to employees in a manner that is easily understood by employees. For Employee Disciplinary Policy details, contact Legal Legends and talk to the experts.

Register a trademark in the UK

Image
FILE A TRADEMARK IN THE UNITED KINGDOM Borne out of the frustration of the slow turnaround times at traditional law firms to register trademarks in the UK and EU, with hourly rates shrouded in mystery, coupled with exhorbitant fees. We are here to change that with fixed priced, super fast, UK and EU trademark registrations. Contact us to Register a trademark in the UK .