Browsing by Subject "Delict"
Now showing items 1-10 of 10
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Can an emoji be considered as defamation? A legal analysis of Burrows v Houda [2020] NSWDC 485
(PER/PELJ, 2021)This article considers the Australian case of Burrows v Houda 2020 NSWDC 485 and the English case of Lord McAlpine v Bercow 2013 EWHC 1342 (QB). Both cases considered the question of whether emojis could be considered ... -
Commercial Appropriation of a Person's Image: Wells V Atoll Media (Pty) Ltd (Unreported 11961/2006) 2009 ZAWCHC 173 (9 November 2009)
(2011)Our modern society has become transfixed with celebrity. Business people and marketers also endeavour to cash in on the popularity enjoyed by the stars and realise the value of associating merchandise or trademarks with ... -
An Education Law perspective on legal principles and risks in junior gymnastics in Namibia and South Africa
(North-West University (South Africa)., 2020)The aim of this qualitative study was to gain a deeper understanding of the legal implications and common law principles regulating teaching and coaching of junior gymnastics. The objectives of the study were to investigate: ... -
The influence of "reasonableness" on the element of conduct in delictual or tort liability - comparative conclusions
(PER/PELJ, 2019)In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American ... -
The legal implications of defamatory statements on social media platforms in South Africa
(2015)With the fast pace that technology is currently developing, technology forms a bigger part of our day to day lives. Technological advancement has an impact on all aspects of life, including how we communicate with one ... -
The legal nature of the duty of care and skill: contract or delict?
(2017)This article evaluates the legal nature of the duty of care and skill of directors. In terms of the Companies Act 71 of 2008 this duty is essentially delictual in nature. This article evaluates whether the duty is in fact ... -
The potential liability of a legal practitioner mandated to draft a will
(North-West University (South Africa), 2021)The South African law does not require that a will must be drafted by a specific and/or qualified person. The requirements for the execution of a formally valid will are, however, very technical and the objectives of ... -
Reconceptualising the standard of care in Sport: the case of youth rugby in England and South Africa
(2015)Sport is an important area of civil society in both South Africa and England, and this article is broadly concerned with the relationship between sport and personal injury. More specifically, the article compares how rugby ... -
The standard of the reasonable person in determining negligence – comparative conclusions
(PER/PELJ, 2021)The standard of the reasonable person or its equivalent, in general, is used in many jurisdictions to determine fault in the form of negligence. Although the standard is predominantly objective it is also subjective ... -
University research ethics clearances: safety nets, or a false sense of legal immunity?
(Higher Education South Africa (HESA), 2017)Ethics reviews are major events in the life of a researcher at a university. Ethics clearances for research projects are time consuming and sometimes slow down research progress. Because of the serious implications of ...
