Without Prejudice - Volume 11, Issue 5, 2011
Volume 11, Issue 5, 2011
Author Nemo JudexSource: Without Prejudice 11, pp 40 –41 (2011)More Less
Since the introduction of the Consumer Protection Act, eating at a restaurant will never be the same in South Africa if we are to implement the full intention of the legislature. It is no coincidence that when the legislation defines "goods" it begins by referring specifically to "anything marketed for human consumption." The plaintiff restaurant has sued the defendant for the cost of a meal as a matter of important principle for restaurants. The defendant has refused to pay, relying on various defences under the Consumer Protection Act.
Author Tammy BortzSource: Without Prejudice 11, pp 42 –43 (2011)More Less
Cloud computing is not new, but businesses in South Africa have only recently started to consider cloud-based services. As with any new method of providing technology services, customers are wary to use this method until they fully understand its application and risks.
Source: Without Prejudice 11, pp 46 –47 (2011)More Less
Various recent decisions of the Competition Tribunal, Competition Appeal Court (CAC) and Supreme Court of Appeal (SCA) have sparked both criticism and favourable comment from practitioners and the competition authorities alike. In all these decisions, complaints referred to the Tribunal by the Competition Commission were dismissed because of the Commission's non-compliance with the formal requirements of the Competition Act.
Source: Without Prejudice 11, pp 48 –49 (2011)More Less
Your correspondent has been away too long. Only the seductive promise of an election woke him from his torpor. At least the torpor was relieved by dreams, some of which were about his childhood. Dreams of day-dreaming in Standard 4 while Timmy de Bruyn butchered Swart Pelgrem at a snail's pace. How to be rich. What else is there to dream about? The young criminal's evil master plan was to take one rand out of every person's bank account in the whole country. He would be a millionaire. Surely no one would notice, and even if they did, who would bother to complain. It was foolproof. Only, as an aspiring writer, the author had no idea how to take the money. But now he knows.
Source: Without Prejudice 11, pp 50 –51 (2011)More Less
For a number of years South African exchange control law has complicated offshore transactions relating to intellectual property. The Supreme Court of Appeal has brought clarity to this issue in the recent judgement in the matter of Oilwell (Pty) Ltd v Protec International Ltd & Others (Oilwell). The court ruled that the assignment of intellectual property from a South African resident (or entity) to a non-resident (or foreign entity) does not require approval in terms of regulation 10(1) (c) of the Exchange Control Regulations.
Author Donvay WegierskiSource: Without Prejudice 11, pp 53 –55 (2011)More Less
Author Brian WimpeySource: Without Prejudice 11, pp 55 –56 (2011)More Less
All those who avidly watch the IPL cricket know that a 'googly' is a type of bowling action which is atypical of a leg break bowler. In simple terms, the ball does not go in the direction expected, namely away from the batter, but rather in, towards him. By all accounts, a googly is a very difficult delivery for a bowler to perfect and equally difficult for the receiver to anticipate.
Author Maimela MukovheSource: Without Prejudice 11, pp 57 –58 (2011)More Less
Author Farai RazanoSource: Without Prejudice 11, pp 58 –60 (2011)More Less
Source: Without Prejudice 11, pp 64 –65 (2011)More Less
Law firm managers steals $884K and gets eight years
Law firm loses $78K in massive malware scheme
Corporate client collapse blamed on law firm
Lawyer suspended for offering to write student papers
BP sues three contractors for Gulf oil spill
Lawyer on reality show
Prosecutor resigns after unusual advice to governor
Law firm accused of revealing reality show winners
Authorities shut down online poker sites
Judge not removed for "screw you" remark
Man seeks copyright compensation for stadium doodads
bigLaw lost nearly 10K lawyers in last three year
Fantastical 9/11 lawsuit could lead to sanctions for lawyer
Mom loses custody because of advanced breast cancer
25% of lawyer moms leave the workplace
Author Eben Van WykSource: Without Prejudice 11, pp 70 –71 (2011)More Less
Decanter magazine recently reported that China's wine consumption and wine production are set to increase exponentially over the next four years. According to figures from International Wine and Spirits Research, consumption of wine by China and Hong Kong increased by more than 100% between 2005 and 2009. This current consumption of almost 96 million cases per year is predicted to increase by a further 20% by 2014.
Author David ReesSource: Without Prejudice 11, pp 72 –73 (2011)More Less
Look at the big numbers: the outlook is bright. Australia's economy is hitched to the Asian bandwagon of growth. Many Asian investors see Australia as a convenient regional proxy for a well-regulated, modern, market economy. They direct their surplus funds accordingly, helped by the relatively high interest rates and government-guaranteed bank deposits available in Australia.
Source: Without Prejudice 11, pp 73 –74 (2011)More Less
"Is the Pope a Catholic?" - a specious question used on occasion to underline an unalterable, completely verifiable truth. But, come to think of it, is the Pope a Catholic? It seems he is and has been - though there have been times when elected Pope's haven't yet entered Holy Orders and have had to be rushed through the process. One Pope appears to have been a female and there have been at various times not one but two Popes, each attempting to impose their writ on a bemused congregation.
Etymology made fun
Port Out, Starboard Home (and other language myths), Michael Quinion : lifestyle booksSource: Without Prejudice 11, pp 74 –75 (2011)More Less
Rather cleverly The New Shorter Oxford Dictionary defines the origin of posh as uncertain. But it also says the word means smart, stylish luxurious, genteel and upper-class. A posh home, they talked in an extremely posh way, even Posh Spice who is alluring when she isn't sporting a ridiculous hat.
Author Michael AverySource: Without Prejudice 11, pp 76 –77 (2011)More Less
The early stages of the global shale gas revolution have deeply divided opinion. Environmentalists one side are fervently opposed to the fossil fuel, in particular the "fracking" mining process. They are opposed by the fulsome positivity shown by the energy industry and governments which see a "game-changing" opportunity to diversify energy streams while creating jobs. A third and less vocal element embraces those delivering the more balanced pleas of (pre)caution before damnation from scientists. Whichever way one looks at it, the situation is currently as clear as mud.