GilesFiles, Author at GilesFiles

Legitimate expectation requirements:

Posted by GilesFiles | Mar 14, 2003 | 2014 and earlier, Causes and defences, Costs, Courts, Edwin Cameron, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics |

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Binding disciplinary code: Express contractual term

Posted by GilesFiles | Mar 5, 2003 | 2014 and earlier, Appeals, Appeals - leave, Causes and defences, Central, Compensation or damages, Contractual breach, Costs, Costs awarded, Courts, Damages, Disallowed, Exceptions/special pleas, Fair procedure, Government, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Manufacturing, Orders, Parties, Policies - all, Retired judges, Review tests, Rules Codes & Manual, SCA judges, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Supreme Court of Appeal, Termination (LRL 8), Topics |

Denel (Pty) Ltd v Vorster When does a disciplinary code become binding on management and in effect become an express contractual employment term? [15] . . . It might be that the construction advanced by the appellant would...

Disclosing security arrangements: Banker not liable

Posted by GilesFiles | Sep 19, 2002 | 2014 and earlier, Appeals, Banks, Causes and defences, Courts, Delict, Judges, Legal Practice, Parties, philosophy / economics, Retired judges, SCA judges, Sectors, Supreme Court of Appeal, Topics |

Absa Bank Ltd v Fouche Disclosing security arrangements and SCA decided that there was no duty on the branch officials of the bank to have disclosed the absence of an alarm and a guard at night in respect of the safe deposit...

Voluntary termination offer: Valid acceptance

Posted by GilesFiles | May 29, 2002 | 2014 and earlier, Appeals, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Mutual termination, Operation of law, Parties, Retired judges, Retirement, Sectors, Settlement agreements, Termination (LRL 8), Topics |

University of the North v Franks Voluntary termination offer made by the university could not be revoked prior to the expiry date referred to in the offer. “Where an offer is (either expressly or tacitly) stated to be...

Mistaken common assumptions: Legal consequences?

Posted by GilesFiles | Mar 25, 2002 | 2014 and earlier, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Exceptions/special pleas, False assumptions, General, Impossibility or illegality, Judges, Legal Practice, Orders, Parties, Private enterprises, Retired judges, Roman Dutch law, SCA judges, Special pleas, Supreme Court of Appeal, Topics |

Van Reenen Steel (Pty) Ltd v Smith NO Mistaken common assumptions considered by SCA and agreed that ‘a common mistake relating to the existence of a particular state of affairs will not render the contract void unless it can be...

Author: GilesFiles

Legitimate expectation requirements:

Binding disciplinary code: Express contractual term

Disclosing security arrangements: Banker not liable

Voluntary termination offer: Valid acceptance

Mistaken common assumptions: Legal consequences?