Category: Evidence and onus

Insourcing product assembly: Going concern not transferred

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Injurious falsehood elements: Truth knowledge cause loss

Smith v Mountain Oaks Winery (Pty) LtdInjurious falsehood elements listed and considered by SCA and found that the statements were not false and in any event knowledge of falsity had not been alleged nor proved. “The...

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Union’s payment woes: Condonation refused

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Plascon-Evans restated: Resolving factual disputes

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General recollected knowledge: Competition allowed

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Witness credibility considered: Review test repeated

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GPS satellite tracking: Onus of proof

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Suspension lifted forthwith: Protected disclosure

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Parol evidence rule: Invoked to enforce agreement

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