Category: Roman Dutch law

Damage during protected strike: Just and equitable compensation?

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Common law development: Good faith negotiations?

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

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Possible organized crime: Contra bones mores

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Mistakenly withdrawn claim: Employee’s appeal allowed

SJD v ACWA Power Africa Holdings (Pty) Ltd Mistakenly withdrawn claim but did former attorney have any authority to do so and was former employee bound thereby?: “[43] Since MDA had neither actual nor apparent or...

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Defamatory statements confirmed: Body Corporate liable

Body Corporate of Sunnyside Gardens v EP When is body corporate liable for defamatory statements made by trustee concerning any member and how are damages assessed? “46. The Magistrate‚Äôs evaluation of the evidence in light...

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Ignoring material facts: Fronting and B-BBEE Act

M Schutte Contractors CC v Broad-based Black Economic Empowerment Commission When will High Court interfere in management of business enterprises and what happens if commission is found to be ignoring material facts? “[90]...

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Misappropriating university funds: Reasonable prospects on appeal?

JWR v University of Stellenbosch How does the high court assess reasonable prospects of success on appeal after having awarded substantial damages for misappropriating university funds by former employee? “[1] The...

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Amending rules retrospectively: Is registration required?

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Unenforceable unwritten restraint: Stifling competition?

Crazy Splash Swim School (Pty) Ltd v TN Is it against public policy to stifle competition and does that mean that even an unwritten restraint is unenforceable? “[66] Overall, the restraint provision the applicant seeks in...

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Excluding contractual liability: Exemption clause considered

Fujitsu Services Core (Pty) Ltd v Schenker SA (Pty) Ltd Does excluding contractual liability for intentional acts of employees when handling goods of customers fall foul of public policy? “[142] The making of prior special...

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Laying criminal charges: Forfeiting right to discipline?

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Wrongful omissions considered: Delictual claim refused

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