Browsing Business Law by Title
Now showing items 52-71 of 143
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A critical examination of reckless and predatory lending and how the National Credit Act 34 of 2005 seeks to prevent these practices.
(2019)The credit industry has evolved overtime in South Africa. In March 2006, the National Credit Act (hereafter NCA or the Act) was promulgated after repealing and replacing the Usury Act, Exemption Notices and the Credit ... -
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 critical examination of the interpretation and application of the law relating to Temporary Employment Services in South Africa.
(2018)Abstract available in PDF file. -
A critical examination of the regulation of the financial services sector in South Africa.
(2014)The financial system of a country has a crucial role to play in economic growth. The system, efficiently directs savings of lenders to ultimate borrowers. It also provides an efficient payment system through the banking ... -
A critical exploration of the fiduciary duties of a director to act in good faith and for a proper purpose in respect of a company and an evaluation of the developments from common law to statute.
(2015)The subject of fiduciary duties of directors is viewed as a cornerstone of modern company law. The subject of fiduciary duties of directors is of paramount importance as directors have an abundance of discretionary powers ... -
A critical study of the legal framework regulating strikes and strike violence in South Africa.
(2017)No abstract available. -
Designing justice : a critical analysis of intellectual property rights within the fashion industry.
(2016)Designers are those individuals within our society with a desire and drive to create. In general designers can be found in all facets of industry and good designers (and ultimately good designs) are the very backbone upon ... -
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 ... -
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’ ... -
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’ ... -
A discussion of access to credit in South Africa with specific reference to reckless lending and over-indebted consumers.
(2014)Access to credit is very important as it allows consumers to buy goods that they cannot necessarily buy with one month’s salary. Having access to credit also allows consumers to start small businesses. This not only benefits ... -
A discussion of the success and failures of business rescue as a remedy for ailing companies.
(2018)Companies are constantly facing risks, including financial constraints, which may contribute to companies being unable to trade in the manner desired. Unfortunately, companies that find themselves in this predicament have, ... -
A discussion on the duty of care, skill and diligence to be exercised by a director in light of the Companies Act 71 of 2008, as well as the common law and an overview of the business judgement rule : a company law perspective.
The duty of care, skill and diligence is a duty on a director that has been considered both internationally as well as locally. It is a duty that has come under the microscope, and is thus of importance to consider in a ... -
The effectiveness of the e-commerce legal framework in selected African countries.
(2015)Abstract not available. -
The effects of business rescue on the companies’ stakeholders : a comparative analysis between business rescue and judicial management.
(2018)Upon the recognition that the implementation of the judicial management process would not be the success that it was anticipated it would be, it became apparent that there was need for a system of corporate rescue appropriate ... -
Einstatement of a mortgage agreement in respect of residential property: a discussion of the judgment in Nkata v First Rand bank ltd and its implications.
(2018)There is a lack of clarity in subsections 129(3) and (4) of the National Credit Act 34 of 2005 (the NCA) dealing with reinstatement of a credit agreement. These provisions state that a credit agreement can be reinstated ... -
Electronic spamming within South Africa : a comparative analysis.
(2014)In the context of electronic messaging, spam refers to unsolicited bulk messages. Spam creates significant problems for the recipient of these messages, from mere irritation to infringements of constitutionally guaranteed ... -
Emoluments attachment orders : in light of the widespread fraudulent and undesirable practices in emoluments attachment orders should this debt collection mechanism continue to exist?.
(2015)With an estimated percentage of 12.2 percent of South Africa‟s public sector with Emoluments Attachment Orders (EAOs) against their salaries, it is evident that this debt collection mechanism is popular in South Africa.1This ...