Browsing Research Articles (Mercantile Law) by Title
Now showing items 28-47 of 82
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The Electronic Communications and Transactions Act 25 of 2002 : facilitating electronic commerce
(Juta Law, 2004-01)INTRODUCTION: The development of new technology expanded the ways and means of concluding a contract beyond the traditional methods of oral or written agreement. The Internet enables businesses and entrepreneurs to communicate ... -
Employment discrimination law into the future
(Juta Law, 2018)Important amendments to the Employment Equity Act 55 of 1998 (“EEA”) were introduced in 2014, notably conferring jurisdiction on the Commission for Conciliation, Mediation and Arbitration in employment discrimination cases, ... -
The Employment Equity Act, 1998 (and other myths about the pursuit of equality, equity and dignity in post-apartheid South Africa) (Part 1)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ... -
The Employment Equity Act, 1998 (and other myths about the pursuit of equality, equity and dignity in post-apartheid South Africa) (Part 2)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ... -
The enforceability of tenants rights (part 1)
(Juta Law, 2012-01)The purpose of the article is ultimately to align our current understanding of the nature of tenants' rights, according to basic common-law property principles, with their nature and role in the new constitutional dispensation. ... -
The enforceability of tenants rights (part 2)
(Juta Law, 2012-01)In terms of the doctrine of notice the holder of an unregistered real right is protected to the extent that the right can be enforced against outside parties on the basis of their prior knowledge of it. The doctrine ... -
Ensuring contractual fairness in consumer contracts after Barkhuizen v Napier 2007 5 SA 323 (CC) - part 2
(Juta Law Publishing, 2009-02)Barkhuizen v Napier 2007 5 SA 323 (CC) has important implications for insurance law, contract law in general, and an understanding of the interface between private common law and the Bill of Rights. In this matter an ... -
Ensuring contractual fairness in consumer contracts after Barkhuizen v Napier 2007 5 SA 323 (CC) – Part 1
(Juta Law Publishing, 2008-03)Barkhuizen v Napier 2007 5 SA 323 (CC) has important implications for insurance law, contract law in general, and an understanding of the interface between private common law and the Bill of Rights. In this matter an ... -
Excess "other insurance" clauses : to contribute or subrogate? [Discussion of Samancor Ltd v Mutual & Federal Insurance Co Ltd 2005 4 SA 40 (SCA)]
(Juta Law Publishing, 2009-02)Insurers typically insert "other insurance" clauses in order to specify how their policies should interact with other policies covering the same risk. This enables insurers to avoid situations of double insurance and, ... -
The expediency of including claims based on disablement caused by sexual harassment in South Africas system of workers compensation
(Juta Law, 2016-12)This article investigates whether it is feasible to include compensation for disablement arising from a psychological disorder caused by sexual harassment in the South African workers’ compensation system. The authors argue ... -
Exploring the South African tax consequences of a residential property lottery
(AOSIS Publishing, 2018)Background: Disposing of a residential property by way of a lottery sounds peculiar, but a number of these transactions relating to residential properties in South Africa have recently taken place. As this is not an ordinary ... -
Extending coverage of the unemployment insurance-system in South Africa
(Juta Law Publishing, 2010-02)The scope of the Unemployment Insurance Act (UIA) is narrow as it continues to exclude the atypically employed (particularly independent contractors, so-called dependent contractors and those who are self-employed or ... -
Extending the lessors tacit hypothec to third parties property
(Juta Law, 2015-01)In case law the lessor’s tacit hypothec has been extended to cover movable property belonging to a third party. This extension of the hypothec is reasonably well established, but there is some uncertainty about the reasons ... -
The first-sale doctrine : parallel importation and beyond
(Juta Law Publishing, 2015-08)In 2013, the United States (“US”) Supreme Court gave its judgment in Kirtsaeng v John Wiley & Sons Inc, which appeared to fundamentally change the US’ position in relation to copyright law and parallel importation. The ... -
Hockly's insolvency law : book review
(Juta and Company, 2003-01)Insolvency has long been treated as the stepchild of commercial legislation. The current Insolvency Act stems from 1936. There are only a few (current) text books on the topic. The book under review is the seventh ... -
The incorporation of double taxation agreements into South African domestic law
(2015)There are different opinions as to the process whereby double taxation agreements (DTAs) are incorporated into South African law. This contribution aims to discuss some of the existing opinions and to offer a further ... -
Incoterms, electronic data interchange, and the Electronic Communications and Transactions Act
(Juta Law, 2003-01)Electronic commerce makes it possible for parties to trade electronically without using paper. Time means money. Electronic trading means that the process can be speeded up and that money can be saved. The past years have ... -
INCOTERMS® 2010 : codified mercantile custom or standard contract terms
(Juta Law, 2012-01)INCOTERMS® reflect the most dominant and consistent commercial customs and practices evident in international commerce. They are regularly updated to keep them in line with changing mercantile practice. However, over the ... -
INCOTERMS® 2010 : codified mercantile custom or standard contract terms
(Juta, 2012-01)INCOTERMS® reflect the most dominant and consistent commercial customs and practices evident in international commerce. They are regularly updated to keep them in line with changing mercantile practice. However, over the ... -
The Interplay between Incoterms and the CISG
(University Library System, 2013)INCOTERMS® do not replace the CISG’s provisions on delivery and the passing of risk in toto, but merely supersede them in so far as they are mutually exclusive. For the rest, they function in tandem. Aspects which are not ...
