“Constituted as it is, the human race cannot exist without vast numbers of workers who have no property at all, for certainly a man in easy circumstances will not leave his own land to cultivate yours; and if you want a pair of...
Read MoreFor subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...
Read MoreFor subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...
Read MoreBryer NO v Heritage Western Cape The high court dealt with the authority concerning provincial heritage resources and the interpretation of s38 of the National Heritage Resources Act, 1999 and quoted with approval a passage from...
Read MoreThe ne bis in idem principle (prohibiting double jeopardy) is applied in various international instruments such as the General Data Protection Regulation (GDPR). Literally translated it means ‘not twice about the same’. In ...
Read MoreThe right to decide what to disclose about oneself is called by Germans informational self-determination according to an article by Hannah Kuchler, an FT correspondent in San Francisco, and published in the FT over the weekend:...
Read MoreThird parties may become involved in the contractual relationship between others such as stipulatio alteri (for the benefit of a third-party beneficiary). The third-party beneficiaries may claim the benefit only once they have...
Read MoreVoid for vagueness was considered in a recent judgment of the SCA in Loggenberg NO v Maree (286/17) [2018] ZASCA 24 (23 March 2018) and has drawn specific attention to the doctrine of vagueness, more particularly concerning the...
Read MoreEssence Understanding conditions: The commercially sensible and reasonable interpretation of the words ‘on condition’ having regard to the purpose of the clause and the facts and circumstances is an ‘understanding’ or ‘a basis...
Read MoreFor subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...
Read MoreIf the meaning of a word or clause in a written document is not clear, or the word or clause is ambiguous, the verba fortuis accipiuntur contra proferentem rule applies. In other words this rule provides that if there is any...
Read MoreFor subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...
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