Search
Now showing items 1-10 of 13
Self-help remedies in the context of construction law in a comparative perspective
(Stellenbosch : Stellenbosch University, 2019-04)
ENGLISH ABSTRACT : This thesis examines the recognition of and resort to practical self-help remedies to
ensure compliance with a construction contract by the parties - this is a consistent
feature of construction law, ...
Set-Off in South African Law : challenges and opportunities
(Stellenbosch : Stellenbosch University, 2016-03)
ENGLISH ABSTRACT : This study focuses on the principles surrounding the operation of set-off in South African law. It is evident that no uniform answer exists to the question of how set-off operates: it either operates ...
Remoteness and the limitation of contractual damages
(Stellenbosch : Stellenbosch University, 2016-12-07)
ENGLISH ABSTRACT : This study explores remoteness of contractual damages in South African law. The
manner in which South African contract law limits the extent of a plaintiff's recovery of
damages caused by breach is ...
The fair price rule and the South African law of contract: A historical and comparative analysis
(Stellenbosch : Stellenbosch University, 2018-12)
ENGLISH ABSTRACT: This thesis focuses on legal rules that allow a court to set aside or modify a
contract on the basis of a large discrepancy in the value of the respective
performances. These “fair price” or “just price” ...
Pre-contractual agreements
(Stellenbosch : Stellenbosch University, 2020-03)
ENGLISH ABSTRACT: As modern commercial transactions become larger and more complex, business
professionals have resorted to various instruments or agreements aimed at regulating and progressing the negotiation process. ...
A right to legal gender recognition for transgender children in South Africa
(Stellenbosch : Stellenbosch University, 2020-03)
ENGLISH ABSTRACT: The term gender identity can be defined as referring to each person’s deeply felt
internal experience of their gender, which may or may not correspond to the sex documented at birth. The mismatch between ...
Efficacy of the Spatial and Land Use Management Act in the promotion of spatial justice in an urban land reform context
(Stellenbosch : Stellenbosch University, 2020-03)
ENGLISH ABSTRACT: The spatial legacy of colonialism and apartheid is clearly still intact. Problems of poverty and marginalisation are especially prevalent in informal settlements in South Africa, which showcase ...
Realising children’s right to participation during the divorce proceedings of parents
(Stellenbosch : Stellenbosch University, 2021-12)
ENGLISH ABSTRACT: To a child, the divorce of his or her parents is a traumatic and life-altering event. The
divorce of parents and the proceedings related thereto have the potential to determine
how various aspects of a ...
An analysis of the rationale behind the inclusion of the genetic link requirement in surrogate motherhood agreements in the Children's Act 17 of 2005
(Stellenbosch : Stellenbosch University, 2018-03)
ENGLISH ABSTRACT: This thesis seeks to analyse the rationale behind the inclusion of the genetic link
requirement, contained in section 294 of the Children’s Act 38 of 2005 (“Children’s
Act”) in surrogate motherhood ...
Ubuntu in a land reform context : opportunities and challenges
(Stellenbosch : Stellenbosch University, 2021-03)
Thesis (LLM)--Stellenbosch University, 2021.