Browsing Research Articles (Mercantile Law) by Title
Now showing items 41-60 of 82
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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 2012 : codified mercantile custom or standard contract terms?
(Juta, 2012)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, 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 ... -
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 ... -
The interpretation of double taxation agreements : a comparative evaluation of recent South African case law
(Juta Law, 2016-10)Vogel and Rust describe the act of interpretation as unfolding a text, to bring it to be understood. The South African courts have recently had a number of opportunities to interpret double taxation agreements entered into ... -
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 ...
