Browsing PER: 2011 Volume 14 No 2 by Title
Now showing items 3-9 of 9
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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 ... -
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 ... -
"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 ... -
"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 ... -
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 ... -
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 ... -
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 ...