common assumption false Archives

Security clearance denied: Termination of employment

by GilesFiles | Oct 15, 2019 | 2019, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Capability or capacity, common assumption false, Common Law, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Impossibility of performance, impossible or illegal, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operation of law, Parties, Provincial, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency, Valid reason and fair reason | 0 |

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,...

Security clearance denied: Impossibility or incapacity?

by GilesFiles | Nov 27, 2018 | 2018, Appointed LAC judges, Capability or capacity, Central, common assumption false, Courts, Dispute Resolution (LRL 3), Impossibility of performance, impossible or illegal, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 8a: s185-197B Dismissals, Operation of law, Operational requirements-s189, Sectors, Termination & dismissal (LRL 8), Topics | 0 |

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,...

Performance obligations impossible: Must be absolute

by GilesFiles | Jul 29, 2016 | 2016, Cause: contractual breach, Cause: general, common assumption false, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, impossible or illegal, Judges, Jurisdiction and powers, Legal Practice, Orders, philosophy / economics, Specific performance, Topics | 0 |

Unlocked Properties 4 (Pty) Ltd v A Commercial Properties CC Performance obligations impossible only when the performance is absolute and brought about by vis major or casus fortuitous and then it could excuse performance but it...

Mistaken common assumptions: Legal consequences?

by GilesFiles | Mar 25, 2002 | 2014 and earlier, appeal, Appeals, Cause: contractual breach, Cause: general, common assumption false, Common Law, Courts, Declaratory, Evidence and onus, Evidentiary burden, Exceptions/special pleas, impossible or illegal, Judges, Legal Practice, Orders, Parties, Private enterprises, Refused, Retired judges, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Van Reenen Steel (Pty) Ltd v Smith NO Mistaken common assumptions considered by SCA and agreed that ‘a common mistake relating to the existence of a particular state of affairs will not render the contract void unless it can be...

Foreseeing contractual performance: Various scenarios

by GilesFiles | Sep 25, 1996 | 2014 and earlier, Appeals, Cause: contractual breach, Cause: statute, Central, common assumption false, Common Law, Courts, Exceptions/special pleas, impossible or illegal, Judges, Legal Practice, Legislation, Parties, Retired judges, SCA judges, Sectors, SOEs (State Owned Enterprises), Special pleas, Supreme Court of Appeal, Topics | 0 |

Nuclear Fuels Corporation of SA (Pty) Ltd v Orda AG Foreseeing contractual performance and SCA pointed out that what is not altogether clear is whether certain factors assist in determining the existence of vis major or, vis...

Category: common assumption false

Security clearance denied: Termination of employment

Security clearance denied: Impossibility or incapacity?

Performance obligations impossible: Must be absolute

Mistaken common assumptions: Legal consequences?

Foreseeing contractual performance: Various scenarios