PER: 2011 Volume 14 No 1
Contents
19 April 2011
Articles
- The Requirements for the Inclusion of Standard Terms in International Sales Contracts / Eiselen, S
- Korporatiewe Identiteit as Grondslag van die Strafregtelike Aanspreeklikheid van Regspersone (1): Teoretiese Grondbeginsels / Du Toit, P & Pienaar, G
- Die Reg van die Kind op Kontak met Beide Ouers: Opmerkings na Aanleiding van Onlangse Ontwikkelinge in die Nederlandse Reg / Van der Linde, A & Van Schalkwyk, N
- A New Look at the Old Problem of a Reasonable Expectation: The Reasonableness of Repeated Renewals of Fixed-Term Contracts as Opposed to Indefinite Employment / Gericke, E
- The Use of Force in Effecting Arrest in South Africa and the 2010 Bill: a Step in the Right Direction / Van der Walt, T
Notes
- Die Wenslikheid van Afrikaans as Vaktaal vir Regstudente / Lombard, E & Carney, T
- The Suitability of the Remedy of Specific Performance to Breach of A "Player's Contract" with Specific Reference to the Mapoe and Santos Cases / Mould, K
- Has the Balance been Struck The Decision in Johncom Media Investments Limited v M 2009 4 SA 7 (CC) / Albertus, L
Editorial
A wide range of unrelated topics are addressed in five articles and three notes published in this issue.
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The first article, contributed by Sieg Eiselen of UNISA, deals comparatively with the difficulties of an appropriate interpretation of the UN Convention on Contracts for the International Sale of Goods (CISG) regarding standard terms in international contracts of sale. Eiselen subscribes to an approach according to which a clear incorporation clause in the contract is considered to be sufficient for the effective incorporation of standard terms.
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Pieter du Toit and Gerrit Pienaar of the Potchefstroom Campus of the North-West University next point out the tension between the individualist and realistic approaches to criminal liability of juristic persons. They find that corporate ethos which promotes or tolerates unlawful conduct, as it is manifested in the internal structure of such an entity, provides a foundation for corporate liability for criminal behaviour.
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With reference to recent developments in Dutch law regarding a child's right to have personal links with both its parents, Anton van der Linde and Neil van Schalkwyk, both of the University of Pretoria, argue that in South Africa, a statutory legal duty should be imposed on parents to have and maintain contact with their child in order to promote legal certainty.
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Ezette Gericke, also from the University of Pretoria, offers an exposition of the law, related jurisprudence and comparative data on the exploitation and abuse of the fixed-term contract which often leads to the deprivation of employment security and the benefits linked to a permanent employment relationship.
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The controversies surrounding the use of force when the police effect an arrest is described by Tharien van der Walt of the University of Venda. She refers inter alia to international guidelines for police conduct in this regard and to some difficulties involved in the application of recent South African legislation.
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In their note, Ellen Lombard and Terrence Carney of UNISA consider the need to continue teaching Afrikaans as a language of law in view of the rapid rate at which the Anglicisation of the legal world is progressing.
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Kenneth Mould of the University of the Free State argues that the sui generis nature of the contract of employment of professional sportspeople requires specific performance to be the most suitable remedy where such a "player's contract" is breached.
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With reference to a recent judgment of the Constitutional Court in terms of divorce legislation in which a balance between the right to privacy and the right to freedom of expression was struck, Latiefa Albertus of the University of the Western Cape calls for legislative clarification of concerns left by the judgment.
Editor: Professor Francois Venter
Recent Submissions
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Die Wenslikheid van Afrikaans as Vaktaal vir Regstudente
(2011)Since 1994 the official language status in South Africa went from two state languages to eleven. This caused English to stand out as the lingua franca of the wider community and resulted in government using English as ... -
The Suitability of the Remedy of Specific Performance to Breach of A "Player's Contract" with Specific Reference to the Mapoe and Santos Cases
(2011)During the 1990s, rugby union formation in the Republic of South Africa developed rapidly from a system of strict amateurism to one of professionalism. Professional participants in the sport received salaries for ... -
Has the Balance been Struck The Decision in Johncom Media Investments Limited v M 2009 4 SA 7 (CC)
(2011)The case of Johncom Media Investments Limited v M 2009 4 SA 7 (CC) required of the Constitutional Court to strike a balance between the rights to privacy and the right to freedom of expression as a consequence of section ... -
The Use of Force in Effecting Arrest in South Africa and the 2010 Bill: a Step in the Right Direction
(2011)In South Africa the use of force in effecting arrest is statutorily governed by section 49 of the Criminal Procedure Act 51 of 1977. The inception of the Constitution brought about a dramatic change in South African ... -
A New Look at the Old Problem of a Reasonable Expectation: The Reasonableness of Repeated Renewals of Fixed–Term Contracts as Opposed to Indefinite Employment
(2011)In South Africa, the Labour Relations Act 66 of 1995 (LRA) regulates and protects the position of the employee who reasonably expects that a fixed–term contract will be renewed on the same or similar terms while the ... -
Die Reg van die Kind op Kontak met Beide Ouers: Opmerkings na Aanleiding van Onlangse Ontwikkelinge in die Nederlandse Reg
(2011)This contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March 2009, in Dutch law. According to this provision a child has the right to have contact with both parents as well as with those who have ... -
Korporatiewe Identiteit as Grondslag van die Strafregtelike Aanspreeklikheid van Regspersone (1): Teoretiese Grondbeginsels
(2011)The different models for the criminal liability of juristic persons reveal a tension between individualist and realistic approaches. For individualists a corporation is the product of a union of individuals. This ... -
The Requirements for the Inclusion of Standard Terms in International Sales Contracts
(2011)The problem dealing with the inclusion of standard terms and conditions in contracts is a problem that has engaged most legal systems. The United Nations Convention on Contracts for the International Sale of Goods, ...