Browsing Business Law by Title
Now showing items 32-51 of 143
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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 ... -
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 ... -
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 ... -
A critical discussion of the directors’ duties and business judgement rule.
(2018)No abstract available. -
A critical discussion on Botswana’s access to medicine and trips flexibilities.
(2016)Abstract not available. -
A critical discussion on foreign direct investment in the multilateral trade system and development in SADC.
(2014)Development is understood to be an economic process that aims at a constant improvement of the well-being of all individuals who have the right to participate and benefits from the fruits of development. Development is ... -
A critical evaluation of the affirmative action policy in South Africa in relation to the case of South African Police Service v Solidarity obo Barnard 2014 (6) SA 123 (ICC)
(2015)In 1948, colonial rule in South Africa adopted the infamous apartheid system, whose racial segregation policies saw the systematic exclusion of Blacks from key economic, political and social sectors of society, and restricted ... -
A critical evaluation on how we can address violent strikes in South Africa: what does the Labour Relations Act require?
(2018)No abstract provided. -
A critical examination of Herbalife’s business model in order to determine whether it is a prohibited scheme under the Consumer Protection Act 68 of 2008.
(2019)Herbalife is an international direct selling company involved in the production, promotion and sales of a variety of nutritional products including those designed to assist with weight management and personal care. The ...