Browsing Business Law by Title
Now showing items 21-40 of 137
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Contractual exemption clauses under the South African Constitution : an examination of the potential impact of public policy and Ubuntu on such provisions.
(2012)This dissertation will examine the current state of our common law in relation to its treatment of exemption clauses in contracts, and will focus on recent developments which may augur greater scope and a new approach to ... -
Courts’ treatment of depression in the workplace: incapacity, poor performance, misconduct and disability.
(2019)No abstract available. -
A critical analysis of product liability under the Consumer Protection Act 68 of 2008.
(2015)Product liability can be described as a situation where a supplier is held accountable to a consumer for the supply of defective goods. The concept of product liability has its roots in the common law. Under the common ... -
A critical analysis of Section 129 (1) (a) of the National Credit Act.
(2014)No abstract available. -
A critical analysis of the common law remedy of piercing the corporate veil and the actio pauliana as distinct from statutory remedies provided for by the Companies acts 61 of 1973 and 71 of 2008 in the recovery of tax by the South African Revenue Service.
(2017)This paper aims to critically analyse common-law remedy of piercing the corporate veil and the actio pauliana as distinct from statutory remedies provided for by the Companies Acts 61 of 1973 and 71 of 2008 in the recovery ... -
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 ... -
A critical analysis of the efficacy of South African law's treatment of match-fixing in sport.
(2014)This dissertation seeks to examine match-fixing and corrupt activities related to sport and in particular analyse critically the efficacy of the present statutory provisions that aim at combating such practices. The following ... -
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 ... -
A critical analysis of the liability imposed on South African companies for the cartel offence of tender collusion and the offending company's rights to hold is directors personally accountable.
(2014)Corporate crime is an area of criminal law that has swiftly gained momentum in South Africa, more specifically the cartel offence of tender collusion, particularly among the larger corporations within the construction ... -
A critical analysis of the piercing of the corporate veil in South African corporate law, with special reference to the position in groups of companies.
(2016)Companies in South Africa have a separate legal existence and this gives shareholders limited liability. If a company cannot pay its debts, creditors will generally have no recourse against shareholders or directors in ... -
A critical analysis of the role of disclosure in strengthening corporate governance and accountability.
(2010)This dissertation critically analyses the role of disclosure in strengthening corporate governance and accountability to determine whether a prescriptive system of disclosure is of greater efficacy than a voluntary regime. ... -
A critical analysis of the role of the boni mores in the South African law of contract and its implications in the constitutional dispensation.
(2014)This dissertation considers the current position of the boni mores in the South African law of contract, and will examine the correctness and constitutionality of this position. Since the advent of the Constitution, there ... -
A critical analysis of the search and seizure of electronic evidence relating to the investigation of cybercrime in South Africa.
(2018)Abstract not available. -
A critical analysis of the subcontractor’s builder’s lien.
(2020)This research paper looks at the South African common law right to lien as it currently stands as the only compensatory remedy for a construction subcontractor in the event of non-payment by the main contractor. The nature ... -
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 ... -
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 ... -
A critical appraisal of the misapplications of black economic empowerment and the common misperceptions that surround it.
(2015)Broad-Based Black Economic Empowerment is a regulatory framework, which is unique to South Africa. This dissertation reflects upon the evolution of Broad-Based Black Economic Empowerment programme, from the commencement ...