LTC Harms Archives - GilesFiles

Exemption clause interpreted: Ineffective provisions

by GilesFiles | Mar 18, 2004 | 2014 and earlier, 2015 and earlier, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Courts, Disallowed, Exceptions/special pleas, General, Hospitality, Judges, Landmark judgments, Legal Practice, Non-profit organisations, Orders, Parties, Private enterprises, Retired judges, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Johannesburg Country Club v Stott Exemption clause interpreted strictly and SCA stated that a provision was also partially ineffective, at least to the extent that it purports to provide an exemption against the claims of guests...

Mistaken common assumptions: Legal consequences?

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 | 0 |

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...

Policy determination assessed: Different meanings

by GilesFiles | May 17, 2001 | 2014 and earlier, Appeals, Causes and defences, Courts, Declaratory, EEA Regulations, Hospitality, Insights, Interpretation etc, Judges, Legal Practice, Management, Orders, Parties, Policies - all, Private enterprises, Regulations, Retired judges, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Akani Garden Route (Pty) Ltd v Pinnacle Point Casino (Pty) Ltd Policy determination assessed by SCA and in disallowing an appeal from the full bench of the High Court in the Western Cape it was ‘submitted’ that the...

Stigma damages considered: Employer contractual duties

by GilesFiles | Nov 24, 1995 | 2017, Banks, Causes and defences, Courts, Damages, Insights, Interpretation etc, Judges, Landmark judgments, Parties, Sectors, Trust & confidence | 0 |

Council for Scientific and Industrial Research v Fijen (314/94) [1995] ZASCA 143; 1996 (2) SA 1 (SCA); [1996] 2 All SA 379 (A); [1996] 6 BLLR 685 (AD) (24 November 1995) “Employment, and job prospects, are matters of vital...

Repudiating employment contract: Wide or narrow sense?

by GilesFiles | Nov 24, 1995 | 2014 and earlier, 2015 and earlier, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Tag: LTC Harms

Exemption clause interpreted: Ineffective provisions

Mistaken common assumptions: Legal consequences?

Policy determination assessed: Different meanings

Stigma damages considered: Employer contractual duties

Repudiating employment contract: Wide or narrow sense?