Browsing by Subject "Bona fides"
Now showing items 1-6 of 6
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Die versekerde se openbaringsplig rakende die risiko by uitvoerkontrakte
(North-West University, 2018)In die studie is die openbaringsplig na sluiting van die versekeringskontrak geïnterpreteer. Daar is 'n vergelykende studie gedoen tussen Suid-Afrika, Australië en die Verenigde State van Amerika om die skrywer in die ... -
A duty perspective on the Hate Speech Prohibition in the Equality Act
(PER/PELJ, 2021)In November 2019 the Supreme Court of Appeal in Qwelane v South African Human Rights Commission ruled that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act) 4 of 2000, ... -
The educator–learner relationship within the South African public school system : an educational–juridical perspective
(Potchefstroom University for Christian Higher Education, 2000)Harming the dignity of the learner; refusing to hear his side of the story; neglecting to help him retrieve his stolen property : such are the unfortunate occurrences at many South African schools, and such are the ... -
Harmonising legal values and uBuntu : the quest for social justice in the South African Common Law of Contract
(PER/PELJ, 2019)In this article, a comparison is drawn between the role of good faith in the development of the Roman law of contract and the emerging role of ubuntu in the South African common law of contract. Firstly, it is shown how ... -
Legal Pluralism, uBuntu and the use of open norms in the South African Common Law of Contract
(PER/PELJ, 2019)In this article, a comparison is drawn between the role of good faith in the development of the Roman law of contract and the emerging role of ubuntu in the South African common law of contract. Firstly, it is shown how ... -
Yet another call for a greater role for good faith in the South African law of contract: Can we banish the law of the jungle, while avoiding the elephant in the room?
(2013)This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how ...