Roman Dutch law Archives

Examining fixed-term contract: Terminate on notice?

by GilesFiles | Apr 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Compensation, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Managerial prerogative, Orders, Parties, Personal services, Policies - all, Resolving disputes (LRL 3), Roman Dutch law, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, Topics, Universities and schools | 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,...

Pleading necessity defence: Exceptional circumstances?

by GilesFiles | Mar 26, 2025 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Disallowed, DN Unterhalter, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, Private security, Refused, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Special pleas, Struck off, Supreme Court of Appeal, 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,...

Clean hands doctrine: Sectional title transfer

by GilesFiles | Nov 18, 2024 | 2020 onwards, AP - Community schemes, Applications, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Roman Dutch law, Sectors, Statutory, 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,...

Defamatory statements interdicted: Reputational damage protected

by GilesFiles | Oct 2, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Topics, Trade | 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,...

Granting leave to appeal: Applying legal test

by GilesFiles | Sep 26, 2024 | 2020 onwards, Applications, Banks, Causes and defences, Costs, Courts, Declaratory, Finance, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Roman Dutch law, Sectors, Statutory, 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,...

Preliminary points rejected: Lis pendens & locus standi

by GilesFiles | Jun 14, 2024 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 189 and 189A see Termination, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Roman Dutch law, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, TC Gandidze, Topics, Transport & communication | 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,...

Protection against risk: Pure economic loss

by GilesFiles | Jun 10, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Security for costs discussed: Court may vary amount

by GilesFiles | May 31, 2024 | 2020 onwards, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, LRA D: 151-166 LC, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Penalty for breaching restraint: Onus not discharged

by GilesFiles | May 7, 2024 | 2020 onwards, AB - Law generally, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Risks, Roman Dutch law, Rules Codes & Manual, Sectors, Topics, Trade restraints | 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,...

Damage during protected strike: Just and equitable compensation?

by GilesFiles | Apr 29, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Delict, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LLAA 10/18, LRA 1995, LRA 4: 64-77 Strikes, Objective - correctness, Orders, Parties, Pleadings: amending, Power plays (LRL 6), Private enterprises, Review tests, Roman Dutch law, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike - protected, Strike s68 unprotected, Topics, Trade | 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,...

Common law development: Good faith negotiations?

by GilesFiles | Mar 28, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Disallowed, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Review tests, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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...

Intentional criminal conduct: Vicarious liability confirmed

by GilesFiles | Mar 4, 2024 | 2020 onwards, Causes and defences, Central, Costs, Courts, Declaratory, Delict, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Roman Dutch law, Sectors, State organs, Topics, Vicarious liability | 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,...

Category: Roman Dutch law