contra bonos mores Archives

Possible organized crime: Contra bones mores

by GilesFiles | Dec 18, 2023 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Roman Dutch law, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unlawful penalty stipulation: Deduction from agent’s commission

by GilesFiles | Jul 28, 2020 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Courts, Declaratory, Estate agents, Evidence & onus, Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Parties, Personal services, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Restoring unrestricted access: Deactivating biometric access

by GilesFiles | Mar 5, 2020 | 2020 onwards, Applications, Causes and defences, Community schemes, Courts, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Orders, Parties, Protectable interests, Public policy, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Separation settlement agreement: Public policy and waiver

by GilesFiles | Sep 15, 2016 | 2016, 2016, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, Protectable interests, Public policy, Retired judges, Settlement agreements, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Settlement agreement: Binding despite inaccurate clauses

by GilesFiles | May 19, 2016 | 2016, Bill of Rights, Causes and defences, Courts, High Court, Labour Relations, Public policy, Settlement agreements, Topics | 0 |

A full bench of the High Court disallowed an appeal against the judgment of the late Dukada J. The settlement agreement was a compromise in an unfair dismissal dispute. Two clauses may not have been strictly accurate. But only...

Settlement agreement terms: Not against public policy

by GilesFiles | May 19, 2016 | 2016, Causes and defences, Courts, High Court, High Court judges, Interpretation etc, Judges, Public policy, Sectors, Settlement agreements, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Enforcing arbitration clauses: Legality and fairness

by GilesFiles | Jun 5, 2014 | AB1 - Fairness principle or concept, Constitutional Court, Costs, Courts, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Protectable interests, Public policy, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Cool Ideas 1186 CC v Hubbard When would enforcing arbitration clauses in agreements concluded by contracting partes be regarded as unfair or even unlawful? “[167] It is thus reasonable to interpret the provisions of the...

Legally prohibited activity: Ruling set aside

by GilesFiles | May 26, 2010 | 2014 and earlier, 2015 and earlier, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Compensation or damages, Conduct & capacity, Courts, Declaratory, Deemed, Dennis Davis, Dignity equality freedom, Discrimination (LRL 11), Evidence & onus, False assumptions, ILO Conventions, ILO reports, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Management, Objective - correctness, Operation of law, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Review tests, Roman Dutch law, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: contra bonos mores