THE ESSENTIALIA OF PARTNERSHIPS

The essentialia of a partnership were set out in the case Joubert v Tally and Company 1915 some time ago.  The four essential elements are: 1)     Each partner contributes something to the partnership, whether it be money, skills or labour. 2)     The business should be carried on for the joint benefit of the partners 3)     The objective of […]

MORTGAGE BONDS: IS THE TIFFSKI JUDGMENT A BANK’S WORST NIGHTMARE?

A recent judgment handed down by the Supreme Court of Appeal on 30 September 2011 has laid bare the effects of non-compliance with the requirements of Section 34 of the Insolvency Act and should arguably sent shivers down every buyer, banker’s and conveyancing attorney’s spine. Not only was the sale and transfer of the assets […]