Category: Common law

Binding separation agreements: Probabilities before credibility

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Common law development: Good faith negotiations?

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

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Punitive costs awarded: True nature of discretion

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Removal from office: Magistrate’s misbehaviour/conduct

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Extinctive prescription examined: Mental incapacity

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Professional practice rights: Pending appeal?

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Common purpose explained: LC to reconsider outcome

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Restructuring business operations: Process considered

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Employment merger conditions: Specific to dismissals

Competition Commission v Coca-Cola Beverages Africa (Pty) Ltd In what manner is Commission required to act when performing oversight regarding compliance with employment merger conditions? “[61] Sight cannot be lost that...

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Reinstatement primary remedy: Reasonably practicable?

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Post-Traumatic Stress Disorder: Awarding percentage power

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Disclosing taxpayer information: Balance conflicting interests

Arena Holdings (Pty) Ltd v SARS (Jacob Zuma) High court dealt with a dispute concerning disclosing taxpayer information and ordered SARS to disclose the tax returns of the former president for the 2010 to 2018 tax years after...

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