The challenges and limitations of using a Power of Attorney when someone becomes incapacitated

7th December 2023|Commercial Law, Litigation, Matrimonial|

We are often approached to prepare a power of attorney for someone whose family member faces illness, mental or physical incapacity, or an inability to manage their own affairs. A power of attorney is a legal document that enables an individual (the principal), with full contractual capacity, to appoint someone else (the agent) to act on their behalf. A power of attorney is a valuable tool in various situations. For example, an elderly parent who struggles to handle their affairs due to age may grant power of attorney to an adult child to assist them. However, it is important to note that a power of attorney is typically a temporary solution.

Please Call Me: Makate v Vodacom and the Authority to Contract on Behalf of a 3rd Party

7th June 2016|Articles, Commercial Law, Consumer Law, Litigation|

The recent ‘Please Call Me’ judgment, in finding Vodacom liable to Makate (the former employee responsible for the innovation), has produced a number of interesting legal precedents. One of the arguments advanced by Vodacom in defence of the claim was that there was no valid contract that was binding on Vodacom. This was because the


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