GilesFiles, Author at GilesFiles

Repudiating employment contract: Wide or narrow sense?

Posted by GilesFiles | Nov 24, 1995 | 2014 and earlier, 2015 and earlier, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics, Trust & confidence |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Defending defamatory statements: Onus and privilege

Posted by GilesFiles | Sep 26, 1995 | 2014 and earlier, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, Interpretation etc, Judges, Legal Practice, Non-profit organisations, Orders, Parties, Personal services, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics |

Mohamed v Jassiem When assessing arguments defending defamatory statements does the court consider community recognition as segment of society? “Whether in a given situation a distinctive community group which forms part...

Body corporate levies: Preferred claims?

Posted by GilesFiles | May 25, 1995 | 2014 and earlier, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Disallowed, Judges, Legal Practice, Legislation, Orders, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics |

Nel NO v Body Corporate of the Seaways Building Body corporate levies payable on insolvency considered by the SCA and disallowed the appeal and stated “In this regard the court a quo held (at p 136 F): ‘… if...

Retrospective reinstatement ordered: Suspicion insufficient?

Posted by GilesFiles | Jan 5, 1995 | 2015 and earlier, Causes and defences, Compensation or damages, Contractual breach, Costs not awarded, Courts, Disciplinary issues, False assumptions, Granted, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Trade, Trust & confidence |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unacceptable mistaken assumption: Intention of parties

Posted by GilesFiles | Dec 8, 1994 | 2014 and earlier, Appeals, Appeals - leave, Causes and defences, Conduct & capacity, Construction industry, Contractual breach, Courts, Disallowed, Exceptions/special pleas, General, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Orders, Parties, Private enterprises, Retired judges, Sectors, Settlement agreements, Special pleas, Termination (LRL 8), Topics |

Wilson Bayly Holmes (Pty) Ltd v Maeyane Unacceptable mistaken assumption because parties had not expressly or tacitly incorporated in their contract a condition that its validity will depend upon the existence of the assumed...

Author: GilesFiles

Repudiating employment contract: Wide or narrow sense?

Defending defamatory statements: Onus and privilege

Body corporate levies: Preferred claims?

Retrospective reinstatement ordered: Suspicion insufficient?

Unacceptable mistaken assumption: Intention of parties