Recently in the doctrine of caveat subscriptor has increasing pressure from judicial decisions influenced by public policy considerations, in particular, the case of the Brink versus Humphreys and Jewell (Pty) Ltd 2005 (2) SA 419 (SCA), which I have critically reviewed previously.
Fortunately, the recent judgement Hartley vs. Pyramid Freight (Pty) Ltd [ 2006] SCA 100 (RSA) seems to have gone against the trend. While each case is obviously decided on the merits of the particular facts before the court, the fact that Cloete J. A. the same judge of …

I have been a long time fan of the business management writer Tom Peters, in fact his “In Search of Excellence” was the first business management book I really read as a student at Varsity. His management philosophy is extremely innovative, action-oriented and inspirational.
I regularly read his website and download the PowerPoint Presentations of his seminars that he presents worldwide and which he kindly makes available on his website. The Presentations can sometimes be a bit cryptic but they are extremely thought provoking and inspiring.
One of his current tenents of …

I have always implored businesses to have a good set of standard terms and conditions incorporated into their credit applications and ensure that all prospective clients sign this agreement to be used as firstly a tool of credit vetting, secondly as a basis for all future business dealing between the parties and finally as tool in the event of there having to be any bad debt recovery should this unfortunate eventuality arise.
At the moment there are a number of businesses that are looking at ensuring that their credit …