Dear Friends and Colleagues
I take great pleasure in submitting the December 2017 edition of Talking Point to you. This edition is also available on our website at http://walkers.co.za/.
This is the final edition for 2017. Accordingly, I use this opportunity to wish you joy and peace over the festive season and throughout 2018.
As a break from referring mainly to the wisdom of (often long dead) men in introductions, this introduction benefits from the wisdom of a living woman.
Elizabeth Ann Warren (born in 1949) is an American legal academic and politician. She was a professor at Harvard Law School, specialising in insolvency law, before, in 2012, becoming the first female Senator from Massachusetts. She is a leading Democrat and one of President Trump’s most vociferous critics.
She has positioned herself as a champion of the beleaguered middle class:
“People feel like the system is rigged against them. And here’s the painful part: They’re right. The system is rigged.”
“You have to remember: what are incomes to banks are outgoes to families.”
“I’m really concerned that too-big-to-fail has become too-big-for-trial.”
In this issue:
How often on the internet does one read the terms and conditions before placing a tick in the box next to “I accept”? We discuss a resent case dealing with the legal consequences of such a tick.
Litigation about restraints of trade is part and parcel of the financial industry. If employees, without restraints of trade, walk away with the employer’s business, can the latter ‘sneak’ a restraint of trade in by the back door? We discuss a recent case dealing with this averred unlawful competition.
This article concerns the well-publicised case in Gauteng in 2015, not the TV series. And, in real life, the Court stated: “The negligence of the staff at the hospital has caused unimaginable pain and suffering to the parents involved.”
What happens if a lessee does not timeously exercise an option to renew a lease agreement? One would think that the lease agreement would then simply come to an end once the lease period ends. Think again. We discuss a recent case that introduces uncertainty.
Section 24C of the Income Tax Act provides an allowance for a taxpayer who receives payment upfront under a contract, and under which contract the taxpayer will in a future tax year incur expenditure. We discuss a recent case in which a taxpayer (surprisingly) successfully claimed the allowance in respect of a franchise agreement.
The famous legal case in this issue is one of the most condemned cases in USA history, but it is illustrative of how different to today the mind-set regarding workers’ rights (and life, liberty, and property) was more than a century ago. And Justice Oliver Wendell Holmes’ judgment was perhaps the most influential dissenting (minority) judgment in USA history.
As always, I would greatly appreciate your feedback on Talking Point. Please email me at email@example.com.