Category: Factual disputes

Unduly formalistic approach: Gross irregularity

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Plascon-Evans restated: Resolving factual disputes

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Parol evidence rule: Invoked to enforce agreement

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Conflicting versions: Credibility and balancing probabilities

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Factual disputes: Copyright not infringed

“[40] The argument for Media24 seems to me to fall into the trap of being misled by what has been referred to as similarity by excision.  In IPC Media ([2004] EWHC 2985 (Ch); [2005] F.S.R. 20 at para 11) a case that in the way...

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Plascon-Evans rule: Factual disputes in motion proceedings

Essence Plascon-Evans rule and disputes of fact in motion proceedings Decision Plascon-Evans Paints (TVL) Ltd. v Van Riebeck Paints (Pty) Ltd.(53/84) [1984] ZASCA 51; [1984] 2 All SA 366 (A); 1984 (3) SA 623; 1984 (3) SA 620 (21...

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