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Dissertations / Theses on the topic 'Common law of sale in South Africa'

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Published: 4 June 2021
Last updated: 17 February 2022

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1

Bauling, Andrea. "An analysis of the evolution of the South African law on the warranty against latent defects." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46081.

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In this dissertation I analyse the transformation of the South African law on the warranty against latent defects. I trace the development from pre-classical Roman law through to the enactment of the Consumer Protection Act 68 of 2008 (“the CPA”). Society’s ever-changing economic requirements and moral ideals serve as the driving forces behind these continuous legal developments. Under Roman law the rules on latent defects initially applied to the sale of slaves. In contrast, modern South African law, as per the CPA and the values of the Constitution of the Republic of South Africa, 1996, spe
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2

Walker, Sandra. "The tax implications of the sale of a business." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1021002.

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Currently, there are two ways to structure the sale of a business. The first is the sale of the ownership of the business, and second, the sale of its assets. The structure of the sale, by way of its ownership or by way of its assets, can have varying and complex tax consequences, and should be an important consideration during negotiations between the seller and purchaser of the business. The purchaser and the seller, in order to minimise tax consequences, should carefully consider the tax payable, flowing from the sale of the business, but often fail to do so because of the complex nature of
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3

Fischer, Carl Frederich. "An evaluation of the constitutionality of the common law crime of criminal defamation." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/749.

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The challenge in the law of defamation lies in finding the appropriate balance between the two competing rights of freedom of expression and an unimpaired reputation. From Roman and Roman-Dutch law into the modern era, criminal and civil defamation have been very closely linked. The elements and defences are substantially alike. There were several calls prior to 1994 for the abrogation of criminal defamation. Now that the right to an unimpaired reputation, as part of the right to human dignity, and the right to freedom of expression is constitutionally guaranteed, quo vadis the crime of crimin
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4

Maqhosha, Noluthando. "An analysis of the South African common law defence of moderate and reasonable child chastisement." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/2556.

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The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also
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5

Hlophe, John Mandlakayise. "Natural justice in South Africa : a comparative survey with reference to the common law jurisdictions." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.303062.

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6

Hopkins, Elana. "Grounds for review of administrative action : the interaction between the constitution, the act and the common law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51779.

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Thesis (LLM)--University of Stellenbosch, 2000.<br>ENGLISH ABSTRACT: South African administrative law has undergone drastic changes since the inception of the interim Constitution, which elevated 'administrative justice' to a constitutionally entrenched fundamental right in section 24. Although the successor of this section, the 'must administrative action' clause in section 33 FC, did not enter into force on 5 February 1996 with the rest of the Constitution, it required more changes to administrative law in the form of legislation, when read together with item 23 Schedule 6 FC. The two
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7

Staude, Daylan. "The tax consequences of a contingent liability disposed of as part of the sale of a business as a going concern." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017544.

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The sale of an entity as a going concern has a number of tax consequences for both the purchaser and the seller. The tax deductibility of a contingent liability upon its transfer from the seller to the purchaser, where the selling price has been reduced by the value of the contingent liabilities transferred, remains uncertain following the decision in Ackermans Ltd v Commissioner for the South African Revenue Service. An expense is either deductible under a specific section of the Income Tax Act, 58 of 1962, or under the general expense provisions in terms of sections 11(a) and 23(g). The Act
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8

Oosthuizen, Beverley-Claire. "Rights, duties and remedies under the United Nations Convention on Contracts for the International Sale of Goods: an investigation into the CISG's compatibility with South African law." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1003206.

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This thesis analyses the compatibility of the United Nations Convention on Contracts for the International Sale of Goods (CISG) with the South African law of sale. An initial examination of the historical development of the CISG reveals its ambitions of becoming the primary source of law governing international contracts of sale. The goal of this research is to determine whether South Africa should ratify the CISG. The CISG has been ratified by most of the leading trading States in the world. In order to gain a better understanding of the advantages and disadvantages of ratification, a compara
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9

Mashonganyika, Tendai Julius. "International business law and legal certainty : the need for South Africa to assent to the convention of international sale of goods." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5152.

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Magister Philosophiae - MPhil<br>This study seeks to provide answers on whether South Africa should ratify the Convention on Contracts for the International Sale of Goods (CISG), in the light of promoting legal certainty and International trade. In order to address the main objective, the mini-thesis will seek to answer the following questions: 1. Evaluate the current functional Legal Framework for international sale of goods in South Africa. 2. Establish and evaluate the motivations for both accession and non-accession, including an examination of possible advantages and disadvantages arisin
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10

Batchelor, Bronwyn Le Ann. "Constitutional damages for the infringement of a social assistance right in South Africa are monetary damages in the form of interest a just and equitable remedy for breach of a social assistance right." Thesis, University of Fort Hare, 2011. http://hdl.handle.net/10353/388.

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This dissertation will explore the revolutionary progression in the provision of monetary damages and the availability thereof due to the change in South Africa’s legal system from Parliamentary sovereignty to Constitutional supremacy after the enactment of the final Constitution in 19961. The Constitution of South Africa brought with it the concepts of justification and accountability as the Bill of Rights enshrines fundamental rights and the remedies for the infringement of same. The available remedies for the infringement of a fundamental right flow from two sources, being either from the d
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11

Kroukamp, Susan. "Possible tax treatments of the transfer of accounting provisions during he sale of a business and subsequent tax considerations /." Thesis, Stellenbosch : University of Stellenbosch, 2006. http://hdl.handle.net/10019.1/3336.

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Thesis (MAcc (Accountancy))--University of Stellenbosch, 2006.<br>The potential buyer of a business evaluates the attractiveness of the transaction by considering the financial status of the business being sold. In determining the financial status of a business it is more important to determine the nature of the assets and liabilities recorded on the balance sheet rather than the mere existence thereof. Included in the liabilities are accounting provisions recorded in terms of the Generally Accepted Accounting Practice (GAAP) to reflect a fair representation of the financial status. Alth
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12

Gwarinda, T. A. "The Impact of the common law and legislation on African indigenous laws of marriage in Zimbabwe and South Africa." Thesis, University of Fort Hare, 2013. http://hdl.handle.net/10353/1421.

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The study sought to examine the development of customary law, primarily focusing on the extent to which the true African marriage has been preserved by its incorporation in, and regulation by legislation and the constitutions of Zimbabwe and South Africa. Today, colonial legislation has either been repealed or revised. However, evidence persists suggesting the inclusion of western principles within frameworks governing African marriages such as the Customary Marriages Act and the Recognition of Customary Marriages Act of post-independence Zimbabwe and South Africa respectively. To understand t
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13

Al-Othman, Mohammed I. O. "Good faith in contract law : with particular reference to commercial transactions in England, Scotland and selected common-law jurisdictions (Australia, South Africa and USA)." Thesis, University of Aberdeen, 2005. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=217620.

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This thesis is study of the principle of good faith in contract law. In the last fifteen years enormous attempts have been made by contract lawyers, especially those in common law systems, to consider the question of good faith in contracts. But the approach that has been taken by those lawyers in dealing with this important question is unsatisfactory and incapable of producing a coherent understanding of the role of good faith in contracts. Instead of considering the essential question of good faith in contracts, especially commercial contracts, the debate has turned out into a battle between
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14

Woker, Tanya Ann. "Regulating franchise operations in South Africa : a study of the existing legal framework with suggestions for reform." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1015719.

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This thesis analyses the existing legal framework that applies to franchising in South Africa today. The study begins with an examination of the history and nature of the franchise contract, focusing particularly on the nature of the franchise relationship. This study is undertaken in order to substantiate the argument that franchising is a unique method of doing business. There is a need therefore to recognise that the franchise contract is a special contract in its own right, just like contracts of sale, lease, insurance and suretyship. The study then goes on to examine the problems which ar
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15

Van, der Sijde Elsabe. "The role of good faith in the South African law of contract." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/27443.

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In South Africa, courts and academia frequently refer to contracts as bonae fidei agreements. Often this term is invoked without further explanation or reflection on what the meaning of this term is. Upon closer inspection it seems that the phrase “bonae fidei has largely become devoid of any meaning. This study embarks upon a critical analysis of case law leading up to the remarks of the Constitutional Court in Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers Ltd 2012 (1) SA 256 (CC); 2012 (3) BCLR 219 (CC), with the aim of determining what the role of good faith in the South African l
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16

Chauke, Hasani Wilson. "The development of common law under the constitution : making sense of vicariuos liability for acts and ommissions of police officers." Thesis, University of Limpopo, 2010. http://hdl.handle.net/10386/580.

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17

Booysen, Juann. "A critical analysis of the financial and social obligations imposed on sectional owners in sectional title schemes, as well as their enforcement." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/86255.

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Thesis (LLD)--Stellenbosch University, 2012<br>ENGLISH ABSTRACT: Over the years sectional ownership satisfied the psychological need of many South Africans to acquire home-ownership and it is currently estimated that there are more than 780 000 sectional title units throughout South Africa. The concept of sectional ownership consists of three elements, namely individual ownership of a section (residential or commercial); joint ownership of the common parts of the sectional title scheme and membership of the body corporate which governs the sectional title community. Sectional owne
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18

Chen, Lei. "A uniform condominium statute for China based on a comparative study of the South African Sectional Titles Act and American Uniform Common Interest Ownership Act." Thesis, Link to the online version, 2008. http://hdl.handle.net/10019.1/1311.

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19

Cairncross-, Chinnapyel Nancy. "Can the parties to an international sale contract on CIF Incoterms varied in the oil and gas industry achieve the objective of linking the passing of ownership in the petroleum products that are sold from England to South Africa to the passing of risk in those petroleum products by indicating such intention in their contract of sale?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15184.

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This dissertation aims to focus on whether the parties to an international sale contract on CIF Incoterms varied in the oil and gas industry, specifically the petroleum sector, achieve the objective of linking the passing of ownership in the petroleum products1 sold from England to South Africa, to the passing of risk in those petroleum products by indicating such intention in their contract of sale?
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20

Filippi, N. F. "Deviances and the construction of a 'healthy nation' in South Africa : a study of Pollsmoor Prison and Valkenberg Psychiatric Hospital, c. 1964-1994." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:730c12b2-2e52-4290-b5f9-5a5e557f8b45.

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This thesis is a microhistorical investigation of the dynamics of control and resistance in Pollsmoor Prison and Valkenberg Psychiatric Hospital’s Maximum Security section from 1964 to 1994 in South Africa. It examines the evolution of daily life inside these institutions, both situated in the Western Cape, and the extent to which these institutions were part of the security apparatus developed by the apartheid state. The permeability of Pollsmoor and Valkenberg shed light on the connections between repression, resistance, collaboration and survival inside and outside closed institutions. The
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21

Dafel, Michael. "The constitutional rebuilding of the South African private law : a choice between judicial and legislative law-making." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285563.

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A tension arises whenever the South African private law fails to meet constitutional right norms. To remedy a deficiency, two law-making options are available. The first is for the judiciary to develop or change private law principles and rules in order to provide protection for the implicated constitutional norm. The second is for the judiciary to enforce an obligation upon Parliament to enact legislation to amend or replace existing private law rights and obligations so as to safeguard the norm against interference from a private individual or entity. The former is the more conventional opti
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22

Carolissen, Lee-David. "An analysis of the impact of the European Union's policy of export subsidies has on South Africa's Agricultural sector." Thesis, Online access, 2007. http://etd.uwc.ac.za/usrfiles/modules/etd/docs/etd_gen8Srv25Nme4_9435_1256215062.pdf.

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23

Sauls, Daveraj Landor. "Directors Personal Liability for Irregular, Wasteful and Fruitless Expenditure in South African (SA) State owned Companies (SOC)." University of the Western Cape, 2020. http://hdl.handle.net/11394/7705.

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Magister Legum - LLM<br>Directors of companies are the forerunners in overseeing and strategically managing a company.1 The Companies Act 71 of 2008 (the Companies Act) gives the board of directors the legislative obligation for a company to be managed by or under the direction of the board of directors.2 The board of directors have a central role in the decision making and operation of a company; this position also applies to the board of directors of State owned Companies (SOC). This dissertation explores methods to hold directors of SOCs personally liable for irregular, wasteful and fruit
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24

Morgan, Kirsty Kate. "The legalisation and regulation of online gambling in South Africa." University of the Western Cape, 2017. http://hdl.handle.net/11394/6092.

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25

Barnard, Jacolien. "The influence of the Consumer Protection Act 68 of 2008 on the common law of sale." Thesis, 2013. http://hdl.handle.net/2263/32798.

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The purpose of this thesis is to investigate to what extent the Consumer Protection Act 68 of 2008 (CPA) influences the common law of sale in South Africa. “Common law of sale” refers to the essentialia of sale (the minimum characteristics that parties must have consensus on to conclude a valid sale). The parties must have consensus on the intention to buy and sell, the things sold and the purchase price. The common law of sale also refers to the common law duties of the parties, the duties of the seller in particular (conversely therefore the rights of the buyer). The primary duties of
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26

Van, Jaarsveld Izelde Louise. "Aspects of money laundering in South African law." Thesis, 2011. http://hdl.handle.net/10500/5091.

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Money laundering involves activities which are aimed at concealing benefits that were acquired through criminal means for the purpose of making them appear legitimately acquired. Money laundering promotes criminal activities in South Africa because it allows criminals to keep the benefits that they acquired through their criminal activities. It takes place through a variety of schemes which include the use of banks. In this sense money laundering control is based on the premise that banks must be protected from providing criminals with the means to launder the benefits of their criminal
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27

Malete, Molly Damaria. "Custody and guardianship of children: a comparative perspective of the Bafokeng customary law and South African common law." Thesis, 2012. http://hdl.handle.net/10210/6189.

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LL.M.<br>This research is a comparative study of the provisions for guardianship and custody, including maintenance of the South African common law and customary law. In customary law the emphasis is on the law of the Bafokeng people which is a tribe chosen as group of the research. The purpose of this research is to analyze the provisions of guardianship, custody and maintenance applicable to these legal systems. The analysis is divided as follows: • Guardianship and custody: (i) during the marriage; after divorce; after death of parent(s); of an extra-marital child. • Maintenance of children
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28

Rajoo, Shalini Kisten. "The impact of the constitution on the common law of defamation." Thesis, 1998. http://hdl.handle.net/10413/5147.

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Ramatsekisa, Tsietsi Given. "Harmonizing customary law and human rights law in South Africa." Diss., 2015. http://hdl.handle.net/11602/332.

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30

Kleynhans, Deidre. "Considering the constitutionality of the common law defence of “reasonable and moderate chastisement”." Diss., 2012. http://hdl.handle.net/2263/27942.

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31

Hansraj, Shivona. "An analysis of the income tax consequences attendant upon the transfer of contingent liabilities in the sale of a business as a going concern." Thesis, 2017. https://hdl.handle.net/10539/24774.

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A research report submitted to the Faculty of Commerce, Law and Management in fulfilment of the requirements for the degree of Master of Commerce (specialising in Taxation), 13 September 2017<br>Online resource (iii, 61 leaves)<br>The transfer of contingent liabilities as part of a sale of business transaction has always been a contentious issue. In particular, there is still a measure of uncertainty in whose hands, if any, contingent liabilities transferred as part of a sale of business may be deductible. Sale of business agreements may be structured in various ways, for example, the purchase
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32

Oosthuizen, Beverley-Claire. "Rights, duties and remedies under the United Nations Convention on Contracts for the International Sale of Goods : an investigation into the CISG's compatibility with South African law /." 2008. http://eprints.ru.ac.za/1681/.

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33

Ndima, Dial Dayana. "Re-imagining and re-interpreting African jurisprudence under the South African Constitution." Thesis, 2013. http://hdl.handle.net/10500/13854.

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Text in English<br>The substitution of the dominant Western jurisprudence for South Africa’s indigenous normative values during colonial and apartheid times has resulted in a perverted conception of law that presents Western jurisprudence as synonymous with law. In the era of the constitutional recognition of African law where the application of the democratic principle demands that the newly re-enfranchised African communities deserve to be regulated by their own indigenous values, the resilience of this legal culture has become problematic. To reverse this situation legal and constitut
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34

Du, Plessis Hanri Magdalena. "The harmonisation of good faith and ubuntu in the South African common law of contract." Thesis, 2017. http://hdl.handle.net/10500/23606.

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The legal historical development of fairness in the South African common law of contract is investigated in the context of the political, social and economic developments of the last four centuries. It emerges that the common law of contract is still dominated by the ideologies of individualism and economic liberalism which were imported from English law during the nineteenth century. Together with the theories of legal positivism and formalism which are closely related to parliamentary sovereignty and the classical rule of law, these ideals were transposed into the common law of contract thro
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35

Makiwane, Paterson Nkosemntu. "The nature of association and dissociation for common purpose liability." Diss., 1999. http://hdl.handle.net/10500/17306.

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Since the pre-requisites for common-purpose liability where there was no prior agreement were laid down in S V Mgedezi 1989 (1) SA 687 (A), the appellate division has moved to resolve related controversial issues. These include the question whether a joiner-in is a perpetrator or accomplice, and whether he should be convicted of murder or attempted murder. It is the question of dissociation which has remained elusive. Courts accept that a person should only be criminally liable when his dissociation from a common purpose takes place after the commencement of execution stage i
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36

Vambe, Beauty. "A comparative analysis of cancellation, discharge and avoidance as a remedy for breach of contract in South African law, English law and the Convention for International Sale of Goods (CISG)." Diss., 2016. http://hdl.handle.net/10500/21717.

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The aim of the thesis was to critically compare termination of contracts in South Africa, England and the CISG. It was found out that South Africa prefers to use the term cancellation because it is a remedy of last resort. The problem with cancellation is that is a drastic step of bringing the transaction to an abrupt and premature end, which is only used when a material breach occurs. English law uses the term discharge as it refers to the ending of the obligations under the contract when a breach occurred and represents the point at which one party is no longer bound by its’ contractua
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Ndhlala, Ashwell Rungano. "Pharmacological, phytochemical and safety evaluaton of commercial herbal preparations common in South Africa." Thesis, 2009. http://hdl.handle.net/10413/729.

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38

Mthethwa, Mthokozisi Rodney. "The common law and taxation of trusts in South Africa in the twenty-first century : with emphasis on business trusts." Thesis, 2004. http://hdl.handle.net/10413/1683.

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The purpose of this technical report is not to establish a definitive answer as to the validity and suitability of a business trust as a new form of a business entity, but is aimed at addressing the uncertainties that have emanated from the use of a traditional trust structure as a business vehicle. A critical analysis of the recommendations made by the Margo Commission that the taxation treatment of business trusts and companies should be aligned in order to avoid the tax abuse of business trusts will also be undertaken. Globally trusts, especially discretionary inter vivos trusts, are formed
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Van, der Merwe Leoni. "The impact of South Africa's non-ratification of the Convention on the International Sale of Goods ("CISG") on its trade as well as relations with other countries." Diss., 2017. http://hdl.handle.net/10500/22989.

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This research analyses the impact and materiality of South Africa’s choice not to ratify the CISG on its trade as well as relations with other states. As the point of departure, the broader events leading up to the creation of the CISG will be examined as well as UNCITRAL’s mandate and the development of trade in the local and global context. At present, the CISG has been ratified by 85 states. The decisions by common law jurisdictions such as the UK and India not to ratify the CISG as well as the delay by Brazil and Japan will be discussed. The legal, business and political or policy reasons
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Mthembu, Louis Velaphi. "To lift or not to lift the veil - the unfinished story : a critical analysis of common law principles in lifting the corporate veil." Thesis, 2002. http://hdl.handle.net/10413/5302.

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Loops, Sharon Denise. "Heterosexual cohabitation in South Africa, against the background of developments in the law of marriage and marriage alternatives." Thesis, 2009. http://hdl.handle.net/11394/3195.

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42

Awa, Linus Tambu. "The interpretation and application of dolus eventualis in South African criminal law." Thesis, 2019. http://hdl.handle.net/10500/26460.

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An accused cannot be held criminally liable by a court until he is considered to be culpable, a process which entails establishing criminal capacity and intention (dolus) or negligence (culpa). Determining a perpetrator’s necessary intent in the form of dolus eventualis has proved to be a predicament in South African jurisprudence. This type of intent occurs when a person does not aim to cause the unlawful act, however, he subjectively foresees the likelihood that in pursuing with his conduct, the unlawful result will possibly happen, and he reconciles himself to this possibility. The pr
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43

Galt, Harold H. "An analysis of the South African Revenue Services' recognition of unmarried partners as spouses." Thesis, 2002. http://hdl.handle.net/10413/10755.

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The focus of this study is on the criteria and processes used by the South African Revenue Services (SARS) in recognising spouses in permanent, unmarried unions. In theoretically positioning this focus, four possible areas of tax benefits were reviewed . These include: (i) donations tax, (ii) capital gains tax, (iii) estate duty tax and (iv) transfer duty. Also , the focus of this study was positioned relative to South African taxation acts. Specifically, three Acts were selected for review, viz.: (i) the Income Tax Act, No. 58 of 1962, the Estate Duty Act, No. 45 of 1955, and the Transfer Dut
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Lugomo, Nonstikelelo Pearl. "Unequal bargaining power in the law of contract : an analysis of its common law treatment by the courts and the devices that can be used to develop inequality as a defence to challenge the validity of a contract." Thesis, 2013. http://hdl.handle.net/10413/10930.

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45

Polaki, Angelina Tlotliso. "The shortcomings of the common law and the Companies Act 61 of 1973 in regulating executive remuneration in South Africa : is the code of corporate practices and conduct the answer for listed companies?" Thesis, 2003. http://hdl.handle.net/10413/5175.

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King II articulated in an open manner, issues of disclosure, transparency, comparator ren1lmeration packages and a robust approach to the paYment of con1pensation in relation to poorly performing directors. While directors owe fiduciary duties to the company (shareholders present and future), by paying themselves huge packages, they do no longer act in the best interests of the con1pany because awarding themselves exorbitant packages may frustrate their duty to maximise shareholder value. The solution is that their interests be linked to those of shareholders by requiring that their pay be lin
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Kasuso, Tapiwa Givemore. "The definition of an "employee" under labour legislation : an elusive concept." Diss., 2015. http://hdl.handle.net/10500/21121.

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Rau, Lizette. "The constitutionality of abortion limiting legislation in South Africa." Diss., 1996. http://hdl.handle.net/10500/17594.

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Rammutla, Chuene William Thabisha. "The "official" version of customary law vis-a-vis the "living" Hananwa family law." Thesis, 2013. http://hdl.handle.net/10500/10614.

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The study sought to determine, first, what the rules of the Hananwa family law were and, second, whether those rules were compatible with the Constitution. First, it documented the rules of the official family law. The problem that the study countenanced is that customary law is "corrupted, inauthentic and lacking authority".1 Second, it established and documented the rules of the Hananwa family law. The problem that the study countenanced in respect of Hananwa law was that it was difficult to ascertain the content of the rules of the "living" Hananwa law in order to determine their compatibil
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49

Terblanche, Francis Stephen. "Simulated contracts and the transfer of ownership as a form of real security in South African law." Diss., 1997. http://hdl.handle.net/10500/6770.

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Money lenders frequently use sale and lease back agreements as an alternative to other more conventional forms of security. These agreements are popular because they are simple and inexpensive to put in place. Unfortunately, South African courts give legal effect to the true intention of contracting parties. Sale and lease back agreements are often held to be simulated contracts and as such they are enforced as disguised pledges. One of the few alternative security options available to money lenders, is a notarial bond registered in terms of the Security By Means of Movable Property Ac
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Nel, F. (Francisca). "Die rol van diskresie by die toelaatbaarheid van getuienis wat in stryd met die grondwet verkry is." 2000. http://hdl.handle.net/10500/15597.

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Abstract:
Text in Afrikaans<br>Artikel 35(5) van die Grondwet 108 van 1996 handel oor die uitsluiting van ongrondwetlike getuienis en bepaal dat sodanige getuienis uitgesluit moet word indien toelating daarvan sal lei tot 'n onbillike verhoor of tot nadeel sal strek vir die regspleging. Uit die bewoording van die artikel blyk dit dat die howe geen diskresie het ten opsigte van die toelaatbaarheidsvraag nie en 'n streng uitsluitingbenadering moet volg. Die doel van hierdie verha• ndeling is om ondersoek in te stel na die mate van diskresie .en die wyse ·waarop diskresie toepas word in hierdie besl
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