Business Law
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Discharge principles applicable in South African Law: an analysis in light of international trends and guidelines.
(2017)South Africa has three statutory debt relief mechanisms in place to assist over-indebted consumers. These include debt review in terms of the National Credit Act 34 of 2005, administration orders in terms of the Magistrates’ ... -
An analysis of lifting of the corporate veil in light of s20(9) of the Companies Act 71 of 2008.
No abstract provided. -
A critical analysis of the effectiveness of the business rescue regime as a mechanism for corporate rescue.
Almost eight years after the enactment of the business rescue regime under the Companies Act 71 of 2008, and a plethora of judgments which have probed and prodded its provisions, it is an opportune time to ascertain whether ... -
The historical progression of section 49 of the Criminal Procedure Act 51 of 1977: an overview of the past to present in line with the Constitution of South Africa.
Police officers are the people that need to utilise the law, especially with regard to effecting an arrest. They would need to know how to apply force in various situations and what limitations are there. It is therefore ... -
A critical discussion of the 'pay now argue later’ rule in South African tax law.
The process of tax recovery is a significant and necessary one. However, it is also fraught with complexities and controversy. The State has enacted laws to facilitate the efficient collection of taxes. When it comes to ... -
An analysis of the rationale regarding South Africa’s possible accession to the Protocol relating to the Madrid Agreement concerning the international registration of marks.
(2018)Where South Africa’s accession to the Madrid Protocol has not been confirmed by any state entity or government, there are numerous legal practitioners and academics who have alluded to the possibility of South Africa ... -
The directors’ fiduciary duty to act in the best interests of the company : the possible developments of common law by statute and how they affect human rights.
(2018)This research traces the developments of the directors’ fiduciary duty to act in the best interests of the company and looks at how these developments affect human rights and interests of stakeholders. The main focus of ... -
A tough balancing act : a discussion of free trade and protectionism through the lines of South Africa and the WTO anti-dumping agreement.
(2017)There have been many examples and cases where countries have used the provisions of the Anti-Dumping Agreement in an advantageous yet unfair manner. As a result, there is a conflict emerging out of the fact that these ... -
A critical examination of Section 61 of the Consumer Protection Act 68 of 2008 and its implications for those in the supply chain.
(2017)Product liability in South Africa fell under the common law prior to introduction of the Consumer Protection Act 68 of 2008. Under the common law consumers could claim for any damages that they suffered as a result of ... -
A legal analysis of the regulation of pyramid/ponzi schemes in South Africa with specific focus on the following; the R699 car deal scheme and the travel scheme World Ventures.
(2018)Pyramid and Ponzi schemes are classified as a white-collar crime due to their fraudulent nature and non-application of physical violence. The primary intention of these types of schemes is to extract considerable financial ... -
Business rescue in South Africa : an exploration of business rescue and the role of the business rescue practitioner.
(2018)Abstract available in PDF file. -
A critical analysis of the use of exemption clauses with particular reference to risky activities.
(2017)Exemption clauses are regarded as part and parcel of most contracts, and are used by suppliers to ensure the efficient running of their business. It is common for suppliers of risky activities to include exemption clauses ... -
The link between reckless credit and emolument attachment orders.
(2018)South Africa has experienced significant levels of reckless credit thus leading to over-indebtedness of consumers. Furthermore, research conducted in 2008 and 2013 by the University of Pretoria indicated that there were ... -
A critical analysis of the fiduciary duties of directors and evaluation of the development of these duties in terms of the common law and statutory law.
(2017)Corporate law is based on the premise that directors are fiduciaries of their companies. This is an unbending duty which has to be adhered to at all cost by individuals appointed as directors of a company. Previously the ... -
The rise of electronic commerce transactions in South Africa: legal issues pertaining to privacy.
(2017)The internet in South Africa provides significant benefits to users involved in electronic commerce. Manufacturers, wholesalers, retailers and consumers enjoy the great convenience of doing business online. While electronic ... -
A critical examination of the interpretation and application of the law relating to Temporary Employment Services in South Africa.
(2018)Abstract available in PDF file.
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