Now showing items 1-10 of 73
A critical analysis of the role of disclosure in strengthening corporate governance and accountability.
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. ...
Contractual exemption clauses under the South African Constitution : an examination of the potential impact of public policy and Ubuntu on such provisions.
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 ...
The impact of the precautionary principle and the SPS agreement on international trade.
WTO Agreements have failed to adequately cater for the needs of developing countries. The WTO Agreements, particularly the SPS Agreements has failed to take into account the special needs of developing and least developing ...
The impact and origin of employee rights in Chapter 6 of the Companies Act 71 of 2008.
No abstract available.
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.
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 thorough examination regarding the standard of skill and care to be exercised by a director in terms of the common and statutory laws and an overview of the business judgement rule : a company law perspective.
As a nationally and internationally recognised legal phenomenon the duty of a director to act within and adhere to a required standard of skill and care is of significant importance. Through a number of “tug of war” ...
The interface between the Insolvency Act 24 of 1936 and the National Credit Act 34 of 2005.
The Insolvency Act 24 of 1936 regulates the debtor’s estate when sequestrated for the benefit of creditors. The debtor must prove that sequestration will be to the advantage creditors and as such creates a stumbling block ...
An analysis of temporary employment services and the new laws regulating them in South Africa.
This research focuses on temporary employment services in South Africa and considers the new legislation relating to them. The Labour Relations Amendment Act 6 of 2014 and the Basic Conditions of Employment Amendment Act ...
Electronic spamming within South Africa : a comparative analysis.
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 ...