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Since 1979 when Sweden became the first country to ban corporal punishment, there has been a steady increase in the number of countries prohibiting physical force as a disciplinary measure against children. To date, ...
We find ourselves in an era of intelligent machines as technology pushes the boundaries towards the fourth industrial revolution. AI is already here in disruptive narrow forms, cutting across the globe and leaving almost ...
This doctoral thesis deals with the right to fair, just and reasonable terms and conditions, set
out in sections 48 to 52 of the Consumer Protection Act, and the theoretical and practical
problems involved. These provisions ...
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 in ...
The Maintenance of Surviving Spouses Act 27 of 1990 came into operation thirty years ago and has remained relatively unchanged since its promulgation. The stated objective of the Act is to provide the surviving spouse with ...
Ahmed, Raheel(Faculty of Law, North-West University, 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 influence of reasonableness on the South African law of delict is evident in establishing all the individual elements of a delict. To some extent, there is confusion and uncertainty in general on the role of reasonableness ...
Before one can embark on an in depth analysis of the influence of reasonableness on the individual elements of liability in the current South African law of delict, it is useful to consider the general, modern uses of the ...
Much has been written about the “new” or “variation” of the test for wrongfulness in determining delictual liability in South African law. Upon researching English tort law, it has become apparent that the origin of this ...
This dissertation reflects critically on the calls for the decolonisation of South Africa’s higher education sector by studying the historical development of legal pedagogy in South African law faculties. It focuses in ...
The available sources on the dependency action in South Africa do not mention the presence or absence of traditional values. This study was prompted by a simple curiosity to discover the traditional legal values of the ...
Divorce is pre-eminently a matter which may affect children negatively. As such it triggers the obligatory application of the best interests of the child standard and the principle of child participation. However, it appears ...
Divorce is pre-eminently a matter which may affect children negatively. As such it triggers the obligatory application of the best interests of the child standard and the principle of child participation. However, it appears ...
Le Roux-Bouwer, Jolandi; Manthwa, Aubrey; De Jong, Madelene(LexisNexis, 2017-08)
In this article the different theoretical bases for attacking trusts upon divorce and in maintenance matters are set out. Firstly, the nature of, the requirements for and the consequences of the remedy of declaring a trust ...
Le Roux-Bouwer, Jolandi; Manthwa, Aubrey; De Jong, Madelene(LexisNexis, 2017-05)
In this article the different theoretical bases for attacking trusts upon divorce and in maintenance matters are set out. Firstly, the nature of, the requirements for and the consequences of the remedy of declaring a trust ...
In the first part of this article certain problems with the adversarial system of litigation in family matters as highlighted by the South African Law Reform Commission in Issue Paper 31 of 2015 are investigated. Next, ...