Browsing Research Articles (Mercantile Law) by Title
Now showing items 49-68 of 82
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Is South African trademark law out of shape? A comparative analysis of shape marks, in light of the recent SCA and CJEU Kit Kat decisions
(Juta Law, 2016-12)This article examines the recent litigation concerning the shape of the Kit Kat chocolate bar in South Africa, Europe and the UK in order to determine whether the South African legal position relating to shapes as trademarks ... -
Kuwait Asia Bank EC v National Mutual Life Nominees Ltd revisited : the possible vicarious liability of a holding company for the delicts caused by its nominee directors on the board of its subsidiary
(Juta Law, 2019-01)In Kuwait Asia Bank EC v National Mutual Life Nominees Ltd is beslis dat ’n houermaatskappy nie middellik aanspreeklik gehou kan word vir die deliktuele skade, wat sy genomineerde direkteur (wat ’n werknemer van die houer ... -
The legal nature of the duty of care and skill : Contract or Delict?
(North-West University, Faculty of Law, 2017)Section 77(2)(b) of the Companies Act 71 of 2008 (“the Act”) provides that a director of a company may be held liable based on the common law principles relating to delict for any losses or damages which the company suffer ... -
The liability of churches for the historical sexual assault of children by priests
(North-West University, Faculty of Law, 2015)Could a church be held liable for the sexual assault of children by priests when the victims claim as adults only many years after the event? Complainants can claim damages on the basis that the church is either directly ... -
The liability of employers for the harassment of employees by non-employees
(Juta Law Publishing, 2009-03)Employees who suffer work-related harassment by non-employees in circumstances in which the employer does not protect them can neither institute action against their employer on the basis of vicarious liability, nor in ... -
Liability within company gr oups
(Juta Law, 2016-12)In Bank of Tokyo Ltd v Karoon the court held that the law does not involve itself with economics but with the law. This view was confirmed by the English appeal court in Adams v Cape Industries plc. These views were expressed ... -
Migrant workers and the right to social security: an international perspective
(Juta Law Publishing, 2007-02)INTRODUCTION: An estimated 175 million people, nearly three percent of the world’s population, are international migrants. This figure includes refugees, displaced persons, stateless persons, and (important for the ... -
The new gTLDs and the resolution of trade mark disputes
(Juta Law Publishing, 2014-01)Following ICANN's decision to permit new top-level domains pursuant to its New gTLD Program, and the likely explosion in the number of top-level domains ("TLDs"), it was anticipated that there would be competing claims to ... -
A pluralist approach to the law of international sales
(North-West University, Faculty of Law, 2017)International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to ... -
A pluralist approach to the Law of International Sales
(ASSAF, 2017-04)International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to ... -
The precarious employment position of ministers of religion : servants of God but not of the church
(Juta Law Publishing, 2017)South African courts have in recent years progressively extended protection against unfair dismissal to categories of persons not previously regarded as employees. Courts interpreted labour legislation in light of the ... -
Protection for homes during mortgage enforcement : human-rights approaches in South African and English law
(Juta Law, 2015-01)This article investigates the enforcement of mortgages in South Africa and England. It specifically focuses on the influence of human-rights housing principles in so far as they may require courts to conduct a proportionality ... -
Reconciling the state's duties to promote land reform and to pay just and equitable compensation for expropriation
(Juta Law, 2006-01)The apparent conflict between the state’s duties to promote land reform (specifically equitable access to land, as provided for in s 25(5) of the Constitution, 1996) and to pay just and equitable compensation for expropriation ... -
Redesigning the South African Unemployment Insurance Fund : selected key policy and legal perspectives
(Juta Law Publishing, 2011-01)This contribution examines selected issues from a policy and legal perspective. Against the background of the broader social security reform agenda in South Africa and the vision of a comprehensive social security system, ... -
Replacing property rules with liability rules : encroachment by building
(Juta Law, 2008-12)According to South African common law, movables attached permanently to land lose their independence and become part of the land; the landowner 'acquires' ownership of them through accession. In encroachment cases it has ... -
Restraint of trade agreements in employment contracts : time for Pacta Sunt Servanda to bow out?
(Juta Law Publishing, 2011-01)Clauses in restraint of trade in employment contracts still lag behind in respect of protection afforded to employees. There is no legislation regulating these agreements and the unequal bargaining position of employees ... -
The right to a view reconsidered
(Juta Law, 2015-01)Traditionally, an existing, unimpeded view over or across neighbouring properties is considered a mere incidental advantage, interference with which is generally not actionable. Contrary to popular belief, the advantage ... -
The right to just administrative action in the context of suspending the payment of disputed tax
(North-West University, Faculty of Law, 2017)Section 164(3) of the Tax Administration Act 28 of 2011 (hereafter TAA) provides a senior South African Revenue Service official (hereafter, respectively, SARS and senior SARS official) with discretionary powers to suspend ... -
The role and function of trade usage in modern international sales law
(Oxford University Press, 2015-08)Trade usage reflects consistent and uniform business practices that are regularly followed in a particular trade. Trade usage has always played an important role in international sales as is evidenced by the lex mercatoria, ... -
The role of reputation in trade mark infringement
(Juta Law, 2018)The recent decision of the supreme court of appeal in PepsiCo v Atlantic Industries illustrates our courts’ failure to properly engage with the issue of the reputation of a trade mark in the assessment of whether there ...
