Category: Evidence and onus

Restraint provisions dissected: Discharging onus?

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Unlawful suspension reversed: Non-compliance with regulations

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Mutually destructive versions: Inference and credibility

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Legal advice privilege: Disclosure and waiver

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

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Precautionary suspension unfair: Compensation awarded

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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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