Evidence and onus Archives

Parol evidence rule: Partial integration rule

by GilesFiles | Nov 28, 2019 | 2019, Agriculture, Appeals, Common Law, Courts, Evidence and onus, Judges, LE Leach, Legal Practice, parol evidence rule, Parties, Private enterprises, 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,...

Balancing constitutional rights: Dignity and expression

by GilesFiles | Nov 11, 2019 | 2019, Bill of Rights, Common Law, Courts, Dignity equality freedom, Duty to begin, Evidence and onus, Evidentiary burden, High Court, High Court judges, JP Daffue, Judges, Legal Practice, Onus of proof, Rules and practice manuals, Statement of claim, Topics, Uniform High Court | 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,...

Unduly formalistic approach: Gross irregularity

by GilesFiles | Nov 5, 2019 | 2019, appeal, Appointed LAC judges, Awards -s145, Condonation, Courts, Dismissal: gross misconduct, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Evidentiary burden, Factual disputes, Government - central, Granted, Granted, Judges, Jurisdiction and powers, Labour Appeal Court, Labour court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Onus of proof, Orders, Orders re costs, P Coppin, Parties, Public Service, Reinstatement, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Zungu doctrine | 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,...

Insourcing product assembly: Going concern not transferred

by GilesFiles | Oct 3, 2019 | 2019, Appointed LC judges, Courts, Edwin Tlhotlhalemaje, Evidence and onus, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Non-profit organisations, Parties, Plascon-Evans rule, Private enterprises, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Injurious falsehood elements: Truth knowledge cause loss

by GilesFiles | Sep 26, 2019 | 2019, Agriculture, Common Law, Competition, Courts, Evidence and onus, FE Mokgohloa, Interdicts and rule nisi, Judges, Legal Practice, Parties, Plascon-Evans rule, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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...

Fraudulent misrepresentation damages: Excess salary

by GilesFiles | Sep 24, 2019 | 2019, Common Law, Courts, Evidence and onus, hearsay evidence, High Court, High Court judges, Judges, Legal Practice, Legislation, Logistics, Orders, Parties, Sectors, SOEs (State Owned Enterprises), Statement of claim, Topics, Transportation | 0 |

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Union’s payment woes: Condonation refused

by GilesFiles | Sep 19, 2019 | 2019, Appointed LC judges, Condonation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, MPN Nkutha-Nkontwana, Parties, Plascon-Evans rule, Refused, Retailing, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Fictional fulfilment doctrine: Frustration of contract

by GilesFiles | Sep 16, 2019 | 2019, A.G. Binns-Ward, Common Law, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, parol evidence rule, Topics | 0 |

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Plascon-Evans restated: Resolving factual disputes

by GilesFiles | Sep 13, 2019 | 2019, Common Law, Courts, Dispute Resolution (LRL 3), Edwin Cameron, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Labour Relations, Legal Practice, PA Myburgh, Plascon-Evans rule, Statutes (LRL 2) - work law, Topics | 0 |

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General recollected knowledge: Competition allowed

by GilesFiles | Sep 10, 2019 | 2019, Appointed LC judges, BCEA 1997, BM Whitcher, Common Law, Competition, Courts, Dispute Resolution (LRL 3), Evidence and onus, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Plascon-Evans rule, Refused, Statutes (LRL 2) - work law, 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,...

Cybercriminal hacked emails: Trust account payment

by GilesFiles | Aug 30, 2019 | 2019, Common Law, Courts, Declaratory, Evidence and onus, Financial services, High Court, High Court judges, Judges, Legal Practice, Legal practitioners, Legislation, Matthew Klein, Oral, Parties, Plascon-Evans rule, Protection of Personal Information, Sectors, Topics | 0 |

Fourie v Van der Spuy and De Jongh Inc Cybercriminal hacked emails and attorney failed to discharge her duty to pay the balance in the trust account to the correct person and should have checked and had a verification process...

Fraudulent scheme exposed: Final sequestration order

by GilesFiles | Aug 23, 2019 | 2019, Common Law, Courts, Financial services, hearsay evidence, High Court, High Court judges, Judges, KE Matojane, Labour Relations, Legislation, Sectors, Topics | 0 |

VBS Mutual Bank (in liquidation) v Madzonga Fraudulent scheme exposed at VBS Mutual Bank and high court exercised a discretion and granted a final sequestration order against an alleged co-perpetrator “who knowingly...

Category: Evidence and onus