Develop common law Archives

Common law development: Good faith negotiations?

by GilesFiles | Mar 28, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Disallowed, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Review tests, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

Lifting corporate veil: Common law principles

by GilesFiles | Apr 21, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics, Trustees | 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,...

Independent contractor liability: Vicarious or direct?

by GilesFiles | Dec 22, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics, Vicarious liability | 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,...

Adverse credibility findings: Witness dignity rights

by GilesFiles | Nov 29, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs awarded, Courts, Declaratory, Dignity equality freedom, Disallowed, Evidence & onus, Exceptions/special pleas, General, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, Orders, Parties, Personal services, Private enterprises, RMM Zondo, Roman Dutch law, Sectors, Special pleas, Statutory, Topics | 0 |

Lebea v Menye If adverse credibility findings are made against witnesses in legal proceedings do they have a right to claim their dignity was impaired? “[43] It seems to me that there are too many potential complications...

SLAPP suit defence: Defamation – abuse of process?

by GilesFiles | Nov 14, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs awarded, Courts, Damages, Declaratory, Delict, Dignity equality freedom, Exceptions/special pleas, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Protectable interests, Public policy, Roman Dutch law, SA Majiedt, Sectors, Special pleas, Topics | 0 |

Mineral Sands Resources (Pty) Ltd v Reddell What is the essence of the defence of a SLAPP suit and is it confined to one of abuse of court processes or not? “[47] Distilled to its essence, the defence is really one of...

Achieving legitimate purpose: Employer disputing sanction

by GilesFiles | Mar 15, 2022 | 2020 onwards, Applications, Causes and defences, Central, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, GN Moshoana, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 0 |

Department of Defence v Thamaga NO Should labour court assist senior management when achieving legitimate purpose of enforcing reasonable standards of conduct and performance? “[18] This present judgment seeks to revisit...

Absolution from instance: Test to be applied

by GilesFiles | Oct 27, 2021 | 2020 onwards, Appeals, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Damages, Dignity equality freedom, DN Unterhalter, Evidence & onus, General, Government, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Roman Dutch law, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics | 0 |

NJ v Minister of Justice and Correctional Services SCA allowed the appeal against the order granting absolution from the instance and referred to a further aspect of the evidence to which the high court did not have proper...

Social media defamation: Many issues considered

by GilesFiles | Dec 17, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Damages, Delict, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, Roman Dutch law, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Economic Freedom Fighters (EFF) v Manuel Social media defamation – defences – lack of animus iniuriandi – whether established – reasonable publication in relation to media defendants – requirements of – whether extending...

Negative obligation imposed: Right to basic education

by GilesFiles | Jun 17, 2020 | 2020 onwards, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, JC Froneman, Judges, Legal Practice, Non-profit organisations, Parties, Private enterprises, Retired judges, Sectors, Topics | 0 |

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent under the common law or in terms of any prior legislation, by...

Mandate terminable unilaterally: Ubuntu and fairness?

by GilesFiles | Oct 1, 2019 | 2019, Causes and defences, Courts, Judges, SCA judges, Supreme Court of Appeal, Topics | 0 |

Liberty Group Ltd v Mall Space Management CC Mandate terminable unilaterally and SCA decided it was not dealing with a ‘term of a contract which is alleged to be contrary to good faith, fairness and equity. We are...

Employer created risk: Vicarious liability confirmed

by GilesFiles | Sep 27, 2019 | 2019, Causes and defences, Courts, Delict, Judges, Private security, SCA judges, Sectors, Supreme Court of Appeal, Topics, Vicarious liability | 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,...

Chastisement defence considered: Common law invalid

by GilesFiles | Sep 18, 2019 | 2019, 2019, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Landmark judgments, MTR Mogoeng, Topics | 0 |

Freedom of Religion SA v Justice and Constitutional Development Chastisement defence considered by constitutional court and decision of high court upheld and confirmed that the common law defence regarded as constitutionally...

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