Browsing Research Articles (Mercantile Law) by Title
Now showing items 7-26 of 82
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B & B establishments, hotels and the praetorian edictum de nautis cauponibus et stabulariis : cessante ratione legis cessat lex ipsa
(Juta Law, 2006-01)The most significant action in terms of which innkeepers could be held liable for the theft of their guests’ property can be traced back to the praetor’s edict de nautis cauponibus et stabulariis. The actio de recepto ... -
The case in favour of substantive tenure reform in the landlord-tenant framework : the Occupiers, Shulana Court, 11 Hendon Road, Yeoville, Johannesburg v Steele; City of Johannesburg Metropolitan Municipality v Blue Moonlight
(Juta Law, 2011-01)The tenure reform programme, which forms part of the land reform programme, consists of two strategies. These are, first, the transformation of weak tenure through the implementation of dedicated structural reforms, and ... -
Circumventing veil piercing: possible delictual ability of a holding company to a creditor of its insolvent subsidiary
(Juta, 2013)A holding company often issues a letter of comfort to a creditor of its subsidiary company. The subsidiary company often then defaults on its obligations to that creditor. The courts generally have held that a letter of ... -
The cloning of credit cards: the Dolly of the electronic era
(Juta Law Publishing, 2007-02)INTRODUCTION: The long-awaited and much-anticipated EMV (Europay, Mastercard and Visa) system aimed at combating credit and debit card fraud has recently been launched by ABSA. VISA branded debit cards will contain a ... -
The close connection test for vicarious liability
(Juta Law Publishing, 2007-01)The requirements for the vicarious liability of an employer are threefold : an employment relationship, the commission of a delict, and that the delict must have been committed within the scope (sometimes course and scope) ... -
Commissioner, South Afrikan Revenue Service v Brummeria Renaissance (PTY) LTD and others : does the judgement benefit an understanding of the concept amount
(Juta Law Publishing, 2008-01)INSTRODUCTION: It has been said that the decision by the Supreme Court of Appeal (SCA) in Commissioner, South African Revenue Service v Brummeria Renaissance (Pty) Ltd is the most important tax case decided in the past ... -
The Common Law is not what it used to be : revisiting recognition of a constitutionally-inspired implied duty of Fair Dealing in the Common Law Contract of Employment (Part 1)
(North-West University, Faculty of Law, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
The Common Law is not what it used to be : revisiting recognition of a constitutionally-inspired implied duty of fair dealing in the Common Law Contract of Employment (Part 2)
(North-West University, Faculty of Law, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
The Common Law is not what it used to be : revisiting recognition of a constitutionally-inspired implied duty of fair dealing in the Common Law Contract of Employment (Part 3)
(North-West University, Faculty of Law, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
A comparative perspective on the "joint-action rule" in the context of business trusts
(Juta Law Publishing, 2014-01)The "joint-action rule" in South African trust law entails that all trustees must act jointly in order to bind the trust. Non-compliance with the rule will most often lead to the invalidity of a contract between the trustees ... -
A comparative perspective on the application of domestic labour legislation in international employment disputes
(Juta Law Publishing, 2013-01)An analysis of different methods of dealing with the application of domestic legislation in international employment disputes in the chosen jurisdictions indicates that two broad approaches are followed, namely a private ... -
Constitutional analysis of intellectual property
(ASSAF, 2014)This article analyses the Constitutional Court's treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) of ... -
Constitutional perspectives on unemployment security and a right to work in South Africa
(Juta Law Publishing, 2011-09)The endemic problem of unemployment poses a serious challenge to the realisation of South Africa's constitutional goals and values. One of the most glaring gaps in the assistance provided to the unemployed in South Africa ... -
The constitutionality of acquisitive prescription : a section 25 analysis
(Juta Law, 2012-01)Acquisitive prescription (“prescription”) is one of the original methods of acquisition of ownership in South African law. No assistance is required from the original owner; ownership vests in the possessor ex lege the ... -
Constitutionalization and the International Criminal Court : whither individual criminal liability for aggression
(Juta Law, 2008-01)The Rome Statute of the International Criminal Court provides for the criminalization of the most serious crimes under international law, including aggression. However, the International Criminal Court can only exercise ... -
The convention on the use of electronic communications in international contracts : creating an international legal framework for electronic contracting
(Juta Law, 2006-01)Although international trade can contribute to the economic growth and development of a country, the remoteness of trading parties remains a factor that infl uences the effi ciency of such transactions. Not only are the ... -
Copyright protection of computer programs
(Juta Law, 2016-01)This article seeks to address a misconception concerning the scope of copyright protection of computer programs. It has been suggested that unlike the US courts, the UK and South African courts have not drawn a proper ... -
Deductibility of royalties: a recent case that ruffled feathers [Discussion of the judgment of Waglay J in case number 11454 in the tax court]
(Juta Law Publishing, 2006-01)INTRODUCTION: The Tax Court, sitting in Cape Town, recently had occasion to consider the deductibility of royalty payments.1 In general it may be said that royalties are payments for the use of another’s intellectual ... -
Deregistrasie sonder likwidasie van maatskappye en beslote korporasies ingevolge die 2008 Maatskappywet
(Juta Law Publishing, 2014-01)It is practically desirable that inactive companies are removed from the companies register. This should also be the main reason for the deregistration of companies that have not gone through winding-up. However, procedures ... -
Developing the law on unlawful squatting and spoliation
(Juta Law, 2008-01)The Supreme Court of Appeal (SCA) made it clear from the outset that it was determined somehow to rectify the situation. The court pointed out that the illegal eviction did not merely violate the constitutional and statutory ...