Prescription Act 12 Archives

Mentally incapacitated person: Claim not prescribed

by GilesFiles | Aug 15, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, M Madlanga, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutory, Topics, Trade | 0 |

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Unlawful administrative act: Debt falling due?

by GilesFiles | Jul 30, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Delict, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Review tests, SDJ Wilson, Sectors, Selected judges, State Owned Enterprises, Statutory, Topics | 0 |

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Contractual & delictual damages: Claims prescribed

by GilesFiles | Jul 4, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics | 0 |

For 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,...

Professional negligence claim: Carve-out exception explained

by GilesFiles | Dec 18, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Delict, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Personal services, Pleadings, Private enterprises, Sectors, Selected judges, Statutory, Topics | 0 |

Le Roux v Johannes G Coetzee en Seuns In professional negligence claim against attorneys when does there need to be a carve-out? “[233] It is for these reasons that there needs to be special treatment of the case where a...

Backpay after transfer: Claim of prescription?

by GilesFiles | Jul 21, 2023 | 2020 onwards, Costs, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, MPN Nkutha-Nkontwana, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For 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,...

Amending retirement age: Automatically unfair?

by GilesFiles | Jul 19, 2023 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Fixed-term, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For 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,...

Extinctive prescription examined: Mental incapacity

by GilesFiles | Feb 17, 2023 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Delict, Interpretation etc, Judges, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics, Trade | 0 |

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Contractual claim prescribed: Long history considered

by GilesFiles | Jun 13, 2022 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Stated case, Statutes (LRL 2)-work, Statutory, Suspensions, Topics | 0 |

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Funds wrongfully misappropriated: Third parties?

by GilesFiles | Mar 18, 2021 | 2020 onwards, Appeals, Appeals - leave, Banks, Causes and defences, Consumer protection, Courts, Declaratory, Delict, Disallowed, Finance, General, Interpretation etc, Judges, Legal Practice, Orders, Parties, Roland Sutherland, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

Separating legal issues: Leave to appeal refused

by GilesFiles | Feb 12, 2021 | 2020 onwards, Applications, Causes and defences, Courts, General, High Court, High Court judges, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Rules Codes & Manual, Topics, Uniform HC | 0 |

Phatshoane Henney Attorneys v Trollip In separating legal issues high court cited authority for deciding that convenience must be demonstrated and sufficient information must be placed before the court to enable it to exercise...

Malicious proceedings claim: Prescribed cause of action?

by GilesFiles | Nov 5, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Delict, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Rules Codes & Manual, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics, Uniform HC | 0 |

Holden v Assmang Ltd SCA interpreted s12(1) of the Prescription Act and confirmed that a debt is only due, owing and payable and a complete cause of action was only acquired when the complaint of gross breach of professional...

Prescribed arrear wages: Special plea rejected

by GilesFiles | Aug 27, 2020 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Central, Contractual breach, Costs, Courts, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Topics | 0 |

For 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,...

Tag: Prescription Act 12