Browsing PER: 2021 Volume 24 by Subject "Reasonableness"
Now showing items 1-4 of 4
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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, ... -
Living together as neighbours: rethinking the reasonableness standard in Nuisance Law Under the Constitution
(PER/PELJ, 2021)The Covid-19 pandemic, with its concomitant "stay at home" catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, ... -
The need for feminist approaches for housing cases in South Africa
(PER/PELJ, 2021)Although South African courts have handed down progressive judgments concerning the right to access to adequate housing, they have failed failed to do so from a feminist point of view. The trajectory of housing jurisprudence ... -
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 ...
