Browsing PER: 2011 Volume 14 No 2 by Issue Date
Now showing items 1-9 of 9
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"Fair" Mathematics in Assessing Delictual Damages
(2011)In assessing delictual damages the plaintiff is burdened with the duty to prove loss with a preponderance of probability, including uncertain future loss. In quantifying such a claim an actuary is often used to make actuarial ... -
The Appellate Division has spoken - Sequestration Proceedings do not Qualify as Proceedings to Enforce a Credit Agreement under The National Credit Act 34 of 2005: Naidoo v ABSA Bank 2010 4 SA 597 (SCA)
(2011)This case note aims to analyse the decision of the Supreme Court of Appeal in Naidoo v ABSA Bank 2010 4 SA 597 (SCA) and to spark some debate as to whether being under debt review in terms of the National Credit Act (NCA) ... -
Korporatiewe Identiteit as die Basis van 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 means ... -
Perspectives on the Termination of Debt Review in Terms of Section 86(10) of the National Credit Act 34 of 2005
(2011)The National Credit Act 34 of 2005 (the NCA) aims to address and prevent the overindebtedness of consumers and to provide mechanisms for resolving over–indebtedness based on the principle of satisfaction by the consumer ... -
The National Credit Act Regarding Suretyships and Reckless Lending
(2011)In terms of the National Credit Act a credit provider may conclude a credit agreement with a consumer only after he has made a proper financial assessment and concludes that the consumer will be able to satisfy all of ... -
Commercial Appropriation of a Person's Image: Wells V Atoll Media (Pty) Ltd (Unreported 11961/2006) 2009 ZAWCHC 173 (9 November 2009)
(2011)Our modern society has become transfixed with celebrity. Business people and marketers also endeavour to cash in on the popularity enjoyed by the stars and realise the value of associating merchandise or trademarks with ... -
Alignment of Student Discipline Design and Administration to Constitutional and National Law Imperatives in South Africa
(2011)Higher Learning Institutions (HEIs) have an important role to play in the promotion of respect for fundamental human rights and other constitutional imperatives. This article will demonstrate that the design and ... -
"For the Sake of the Children": South African Family Relocation Disputes
(2011)Decisions by primary caregiving parents to relocate after divorce, thereby disrupting the non–primary caregivers’ right of contact with children or, where both parents have joint care, the denial of the other’s parental ... -
The Enforceability of Illegal Employment Contracts according to the Labour Appeal Court Comments on Kylie v CCMA 2011 4 SA 383 (LAC)
(2011)The Labour Appeal Court in Kylie v CCMA decided the vexed question as to whether or not the CCMA has jurisdiction to resolve a dispute of unfair dismissal involving a sex worker. Both the CCMA and the Labour Court had ...