Category: Evidence and onus

Parol evidence rule: Partial integration rule

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Balancing constitutional rights: Dignity and expression

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Unduly formalistic approach: Gross irregularity

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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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Fraudulent misrepresentation damages: Excess salary

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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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