• The legal nature of the duty of care and skill : Contract or Delict? 

      Stevens, Richard Arno (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 

      Calitz, Karin Beatrix (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 

      Calitz, Karin (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 

      Stevens, Richard (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 

      Dupper, Ockert (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 

      Karjiker, Sadulla (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 

      Coetzee, Juana (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 

      Coetzee, Juana (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 

      Calitz, Karin (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 

      Brits, Reghard (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 

      Van Der Walt, A. J. (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 

      Olivier, Marius; Dupper, Ockert; Govindjee, Avinash (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 

      Van Der Walt, A. J. (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? 

      Calitz, Karin (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 

      Van der Walt, A. J. (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 

      De Lange, Silke; Van Wyk, Danielle (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 

      Coetzee, Juana (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 

      Karjiker, S. (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 ...
    • Section 25 vortices (part 1) 

      Van Der Walt, A. J. (Juta Law, 2016-10)
      Roux introduced the notion of the “arbitrariness vortex” to illustrate his observation that the constitutional court’s FNB decision could “telescope many of the issues that might have been addressed (and in comparative ...
    • Section 25 vortices (part 2) 

      Van Der Walt, A. J. (Juta Law, 2016-12)
      Even when he first identified the arbitrariness vortex, Roux pointed out that courts may well not follow the methodology set out in the FNB case strictly and that deviations might reduce the vortex effect in some cases. ...