Without Prejudice - Volume 11, Issue 6, 2011
Volume 11, Issue 6, 2011
Author Nemo JudexSource: Without Prejudice 11, pp 38 –39 (2011)More Less
The Consumer Protection Act, 2008 has some bizarre consequences and none is more bizarre than its effect on organ transplants. The plaintiff underwent a simultaneous heart and liver transplantation at the defendant hospital which specialises in these procedures. He sued the hospital and not the doctors because he does not know which individual surgeons performed the operation. Whenever he saw them they were wearing masks. When he received the account he realised why. He gave evidence that the doctors said he would be walking within two months and they were right. In order to pay them, he had to sell his car.
Author Emil BrinckerSource: Without Prejudice 11, pp 39 –40 (2011)More Less
The Federal Court of Australia on April 12 2011 gave a far-reaching judgement in the case of International Business Machines Corporation (IBM) v COT dealing with whether all payments made by IBM to its US holding company constituted royalties for purposes of the Treaty concluded between Australia and the USA.
Author Karin MullerSource: Without Prejudice 11, pp 40 –44 (2011)More Less
Thus death and taxes are intrinsically connected. However, recent announcements by National Treasury following the 2011 / 2012 Budget Speech cast doubt on the future certainty of this tax, stating that "the effectiveness of estate duty is being reviewed with several options under consideration."
Author Schweta BatohiSource: Without Prejudice 11, pp 44 –45 (2011)More Less
Source: Without Prejudice 11, pp 46 –47 (2011)More Less
A spate of recent decisions has emphasised the chasm between the legal philosophies adopted by practitioners and the Competition Commission. The Commission views law as a tool for the achievement of investigative ends while, for legal practitioners, the rule of law directs the manner in which investigative ends are to be achieved. Recent jurisprudence has favoured legal formalism, emphasising the necessity for the Commission to follow due process, as any significant procedural irregularity or deviation from the prescribed rules is unlikely to be countenanced, despite the Commission's contention that "There must...be a limit to which meritless technical points can be relied upon."
Source: Without Prejudice 11, pp 50 –51 (2011)More Less
Suit to allow nonlawyer ownership of law firms
Search lawful in apartment that smelled of pot
Law job applicants must argue a hypothetical case
Kids' games at restaurant said to be illegal gambling devices
Associates claim for punitive damages over partnership dismissed
Supreme Court upholds California prisoner cap
Supreme Court upholds immigration law
Film 'Hangover II' may be released despite dispute over tattoo
Pharmacist convicted of murder for shooting masked robber
Lawyer charged with prostitution
Defence disclosed from discarded laptop
Source: Without Prejudice 11, pp 52 –53 (2011)More Less
Author M. MazibukoSource: Without Prejudice 11, pp 54 –57 (2011)More Less
Recent developments both local and global have had a telling impact on the future of intellectual property rights for rights holders. To be more precise, the manner in which a proprietor interacts with their intellectual property is being redefined. An event which illustrated this dynamic for us in South Africa, was the 2010 FIFA World Cup (the FWC). Behind the excitement on the pitch and the month long football carnival were machinations involving the intellectual property rights (IPR) which forms a crucial element in the organisation and staging of the tournament.
Author Christophe Van ZylSource: Without Prejudice 11, pp 57 –58 (2011)More Less
The intangible assets of a business, including its brands, are often said to be a business' most valuable assets. However, as brands are incorporeal assets, convincing others of the actual monetary value of a brand depends on acceptance and credibility of the method of valuation.
Source: Without Prejudice 11, pp 58 –60 (2011)More Less
As the common law stands, transfer of ownership of immovable property automatically transfers an existing lease of the property concluded with the previous owner, to the new owner as landlord. The tenant is not entitled to resile from the lease agreement when the previous landlord is substituted by the new owner. The tenant may, however, have legitimate reasons to object to the application of this common law rule, on the basis of the protection afforded by our Constitution.
Author Deniro PillaySource: Without Prejudice 11 (2011)More Less
The Supreme Court of Appeal (SCA), in Margo and Another v Gardner and Another; Gardner and Another v Margo and Another 2010 (6) SA 385 (SCA), confirmed the common law principle that the application of the in duplum rule is suspended pending the completion of litigation between parties.
Author Andrew JohnstonSource: Without Prejudice 11, pp 62 –64 (2011)More Less
The observance and application of ethics within the business world is not something new. For as long as mankind has been living in groups, the moral regulation of behaviour has been necessary for the group's wellbeing. The ancient Greeks recognised principles or standards of human conduct (ethika) while the Romans coined the concept of 'mores' from which morals and customs evolved (Fox - A Guide to Public Ethics).
Author Pasno NyachoweSource: Without Prejudice 11, pp 64 –65 (2011)More Less
The Greater Tung Local Municipality (the Applicant) referred an urgent application to the Labour Court on April 8 2011, following its decision to suspend its Municipal Manager, Mpho Mofokeng (the Respondent) on allegations of misconduct. The Respondent had refused to vacate the Applicant's premises alleging procedural irregularities.
Author Lisa BooyensSource: Without Prejudice 11, pp 68 –72 (2011)More Less
Author Vaughn WilliamsSource: Without Prejudice 11 (2011)More Less
I often find it quite amusing (though not in a funny ha! ha! way) when I am asked questions regarding the plethora of abbreviations used in car specification sheets. Nobody I talk to really knows what they mean and why they are so vital to vehicle safety. The amusing thing is that most people buy cars for a small fortune and then salespeople don't bother to enlighten them on the more salient points and many buyers don't bother to ask.
Author Dewaldt Van WykSource: Without Prejudice 11, pp 74 –75 (2011)More Less
Tablet computers - the latest in fashionable gadgets that allow you to feign a fast-paced business life and to escape the pains of drab meetings and weather conversations with strangers in the elevator. But, for those who seriously need access to information on-the-go and for whom a smartphone might prove too small and a laptop too big; perhaps the tablet was part of an inevitable evolution of the computer.