Category: Factual disputes

Quantifying back-pay: Material mistake

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Defining financial product: Identify before determination

Impact Financial Consultants CC v Bam NO (Ombud) In defining the nature of a financial product the SCA stated that the Ombud’s approach to the application of common law principles in the determination of a complaint and...

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Athlete spectator collision: Keep proper lookout

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

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Badenhorst rule applied: Sale and service agreement

New Approach Trading 73 CC v Precision Rigging Pty Ltd High court applied ‘Badenhorst rule’ and cited with approval the approach in the given circumstances as described by Corbett JA in Kalil v Decotex (Pty) Ltd and...

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Distrusting polygraph test: No direct evidence

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Suspicious conduct insufficient: Dismissal and reinstatement?

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Arbitration award binding: Right to be wrong

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Enforcing restraint provisions: Document not signed

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Grossly irregular award: Negligence serious

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Rebutting deeming provision: LRA s198B(5) and novation

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Mutually destructive versions: Inference and credibility

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Alcohol consumption detected: Fairness principles applied

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