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  • Article

    It's Implied! Tacit Contractual Terms

    It is commonly believed that when entering into a contractual arrangement that the resulting relationship is to be governed by the terms as it appears in the relevant contract and those terms only. This is not entirely incorrect.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    You Won Your Case. Now What?

    The day you win is rarely the day anything moves. A judge signs an order; your inbox fills with congratulations; and the person who lost simply… goes quiet
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

Is The Singing Of Offensive Songs A Dismissible Offence?

The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...
South AfricaEmployment and HR
ENS
ENS
  • Article

    Zero Tolerance Disciplinary Offences

    The application of zero tolerance policies has become something that employers, particularly in work environments that require the utmost safety compliance, use to ensure that safety standards are adhered to.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Copyright: Joint Ownership And Databases

    A South African judgment dealing with joint ownership of copyright in databases has recently come to light. The judgment was handed down almost a year ago, but it seems to have slipped under the radar.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Copyright: The Right To Exploit vs The Right Not To Exploit

    There's a lot of interesting copyright in the recent South African judgment of South African Broadcasting Corporation v Via Vollenhoven & Appollis Independent CC and others.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    The Peppadew Case: Similar Or Confusing?

    The SCA came to a different conclusion.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    The Scrabble Case: Likely To Cause Confusion?

    A recent UK court decision involving the trade mark Scrabble is of interest to us in South Africa because it suggests that proof of actual confusion is more important than we sometimes like to think.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Who's Interested In Primark?

    Is it simply those South Africans who can afford to travel to the UK, only to find that, thanks to the weakness of the rand, the only shop they can afford is ... Primark?
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Abolishing The Term "Local Division" – Understanding Jurisdictional Changes In The High Court Of South Africa

    Many legal practitioners continue to refer to certain local seats of the High Court of South Africa as a "Local Division".
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Adjudicator Duties In Terms Of The Community Schemes Ombud Service Act

    In the case of Reddy and Another v Cedar Lakes Homeowners Association NPC and Others, the Johannesburg High Court reversed the findings of an Adjudicator appointed in terms of the Community...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Are Legal Fees From Credit Providers Included In NCA's "Collection Costs"?

    Credit providers will take comfort from the judgment of the Supreme Court of Appeal ("SCA"), delivered on 4 November 2021, in Bayport Securitisation Limited...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Case Development: Can You Revive A Failed Agreement?

    The answer to this question was surprisingly nuanced by the Johannesburg High Court in its judgment for the Compu-Cool Consulting v Silver Dawn Investments 168 CC and Others (unreported) handed down on...
    South AfricaLitigation, Mediation & Arbitration
    Swart Attorneys
    Swart Attorneys
  • Article

    Court Practice Directives Cannot Override The Superior Courts Act

    In Frank Mhlongo and Others v Tryphinah Mokoena N O and Others, the question before the Supreme Court of Appeal ("SCA") was whether a judge president, through practice directives...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Defaulting On Loan Agreement Instalments: When Does A Creditor's Claim Prescribe?

    Acceleration clauses are commonly found in loan agreements that require debtors to make repayment in instalments.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Does Innovation Pay?

    When a person or business creates a new technical concept (or innovation) that is implemented, the world generally benefits from such innovation.
    South AfricaLitigation, Mediation & Arbitration
    KISCH IP
    KISCH IP
  • Article

    Escaping The Provisions Of The National Credit Act

    In the case of Uys NO and others v The National Credit Regulator and another, the Supreme Court of Appeal (‘SCA') recently heard an appeal from the Gauteng Division...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Failure To Serve Summons On The Minister In Terms Of S2(2)(a) Of The State Liability Act Did Not Nullify The Summons

    The central issue before the Supreme Court of Appeal ("the SCA") in Minister of Police v Miya was whether non-compliance with the provisions...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Healing Interrupted: The Battle For Income In Personal Injury Claims For Traditional Healers

    The High Court recently highlighted the complexities of loss of income claims for traditional healers in personal injury cases.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Joinder Of Third Party In Slip And Fall Case: A Legal Analysis

    In legal proceedings, the joinder of a third party can be a critical aspect, especially in cases where multiple parties may share liability.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Showing 341–360 of 638 results

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