What does the law say about force majeure?

In the case that a dispute arises where a defaulting party wishes to rely on force majeure, whether contractually or in terms of common law, the court will generally look at whether reasonable steps were taken by either party to mitigate the risks in advance.

Why was letter of Authority filed in Noe V Premier?

Letters of authority have been filed as part of the respondents’ replying affidavit to the counter application. More importantly, this point is without any substance based on legal grounds. The deponent, Swanepoel, was called upon by the State Attorney, acting for the respondents, to place evidence before the court.

Can a court order an emoluments attachment order?

(iii) been granted an order of court authorising that an emoluments attachment order be issued after satisfying itself that it is just and equitable that the order be issued and that the amount is appropriate. ” 9.

What happens if a court has no jurisdiction?

“If a court has no jurisdiction of the subject of an ac- tion, a judgment rendered therein does not adjudicate anything. It does not bind the parties, nor can it there- after be made the foundation of any right. It is a mere nullity without life or vigor.

What makes a void judgment under federal law?

Void judgment under federal law is one in which rendering court lacked subject matter jurisdiction over dispute or jurisdiction over parties, or acted in manner inconsistent with due process of law or otherwise acted unconstitutionally in entering judgment, U.S.C.A. Const.

When does a contract have no legal effect?

having no legal effect. In the law of contract, certain agreements may be treated as void, and if so they are treated as void ab initio, or ‘from their inception’ – i.e. they cannot ever have created legal consequences.

Can a void judgment be attacked at any time?

A void judgment which includes judgment entered by a court which lacks jurisdiction over the parties or the subject matter, or lacks inherent power to enter the particular judgment, or an order procured by fraud, can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court, Long v.

What makes a void judgment devoid of potency?

A void judgment is a simulated judgment devoid of any potency because of jurisdictional defects only, in the court rendering it and defect of jurisdiction may relate to a party or parties, the subject matter, the cause of action, the question to be determined,…