Without Prejudice - Volume 15, Issue 4, 2015
Volume 15, Issue 4, 2015
Author Patrick BracherSource: Without Prejudice 15, pp 62 –62 (2015)More Less
bigLaw lawyers scolded for huge pleadings
Lawyer's outrageous remarks get him a suspension
Making bible official book of Tennessee violates Constitution
Artist who photographed neighbours liable for privacy invasion
Data from wearable devices as evidence
Cyber liability insurance needed by lawyers
Check your LinkedIn profile endorsements
Cops again arrest free-range kids
Doctor accused of vandalising grave to upset lawyer
Judge accused of illegal gun sales
Legal costs for public schools exceed $100 per student
Despite 10 years practice, lawyer had no law degree
Partners resign for directing clients fees into personal accounts
Woman gets 20 years for feticide and claims she illegally ended her pregnancy
Public defender charged with texting prostitute
Drugs fall out of lawyers' pockets
Civil rights case in parental fight over circumcision of four-year old boy
State troopers unlawfully react to clamped vehicle
Window washer who survives 11-storey fall is sued by driver whose car he struck
Gay death-penalty law is reprehensible and should be stopped according to AG
Homeowner's electromagnetic hypersensitivity suit against neighbour fails
Lawyer not liable for PI killed serving divorce papers
Sanctions imposed for argument that "gives new meaning to frivolous"
Man can't smoke in own home due to neighbours secondhand smoke concerns
Judges dismiss 24 000 red-light-camera tickets
Civil rights suit by man arrested for cursing during 911 calls
Author Margo-Ann PalaniSource: Without Prejudice 15, pp 65 –66 (2015)More Less
The National Waste Summit and the Johannesburg Waste Summit were held in March; the theme of both was tackling waste generation and promoting recycling. They focused on collaboration between government, industry and individuals to establish a paradigm shift that would allow waste to be seen as a resource and to grow the recycling economy in South Africa in order to deal with the crisis of limited landfill capacity.
Author Tshepang MokotediSource: Without Prejudice 15, pp 66 –68 (2015)More Less
A large chunk of government's delivery of services to citizens is facilitated through its involvement with the private sector which provides skills that the government does not necessarily have. Public sector procurement is, therefore, an integral and particularly important component of government's service delivery plan that, handled efficiently, can assist government in transforming the lives.
Source: Without Prejudice 15, pp 68 –69 (2015)More Less
It is customary for a creditor to levy interest on amounts due by a debtor. At common law, interest is calculated only on the unrepaid principal and not on any interest which is payable in terms of the loan (Central Africa Building Society v Pierce 1968 3 SA 541 (R)). This is commonly referred to as "simple interest". However, there may be circumstances where a party is directed to pay compound interest, as opposed to simple interest, on the relevant amount. Where compound interest is provided for, the interest will be calculated for the agreed period of time, for example a month, quarter or a year, and will then be added to the capital so that the interest for the succeeding period will be calculated on the combined sum (LAWSA, Second Edition, Volume 15 (2), p185).
Author Hans MuhlbergSource: Without Prejudice 15, pp 70 –71 (2015)More Less
Author Joel MohlamonyaneSource: Without Prejudice 15, pp 72 –73 (2015)More Less
It is said that information, which I believe includes innovation and creativity, is the new money. This statement nearly came through in the case of Makate who stood to earn between R700m and R 6.5bn for a claim against Vodacom, based on Intellectual Property rights, for creating the innovative and revolutionary "Please call me" service. But his case came crashing down on technicalities.
Author Linda ThilivhaliSource: Without Prejudice 15, pp 73 –74 (2015)More Less
Section 34 (1) (a) of the Trade Marks Act provides that rights acquired by registration of a trade mark shall be infringed by the unauthorised use in the course of trade in relation to goods or services in respect of which the trade mark is registered, of an identical mark or of a mark so nearly resembling it as to be likely to deceive or cause confusion.
Author Justine KrigeSource: Without Prejudice 15, pp 75 –77 (2015)More Less
There has been an increase in the number of international franchises investing in South Africa in recent years. The investment made by multinationals is, for the most part, a welcome boost for our economy. A key policy consideration is how best to regulate franchised businesses in order to encourage investment and, at the same time, protect the rights of franchisees who typically have weaker bargaining power than franchisors, particularly well-established multinationals.
Author Megan H. JohnsonSource: Without Prejudice 15, pp 77 –78 (2015)More Less
Whether you are presented with the diamond of your dreams or are simply given a lucky packet plastic ring, if you are asked that all important question of "Will you marry me?" and accept, you and your partner need to be aware that you have now entered into a formal contract.
Author Charlie WatsonSource: Without Prejudice 15, pp 80 –81 (2015)More Less
A side from various types of legal documents where signature of the parties is required by law (such as an agreement to dispose of a real right in land as contemplated in the Alienation of Land Act, 1981) there is a misconception in commerce that an ordinary agreement that is documented in writing must always be signed by the contracting parties to create binding obligations.
Author Gail SchimmelSource: Without Prejudice 15 (2015)More Less
The Bailey's Prize for Women's Fiction is a controversial animal. Originally the "Orange" prize, it was started as a reaction to the fact that - despite writing prolifically and well - women were simply not winning fiction prizes. Perceiving this (I would argue correctly) as a function of patriarchy, a group of literary women founded a prize that would showcase the literary fiction of women writers.
This month Gail Schimmel reviews a few novels:
Elizabeth is Missing by Emma Healey
The Girl Who Was Saturday Night by Heather O'Neil
The Paying Guest by Sarah Waters
PP Wong's The Life of a Banana
Aren't We Sisters by Patricia Ferguson
Author Eben Van WykSource: Without Prejudice 15, pp 86 –87 (2015)More Less
Unlike most of its consumers, wine is one of the few things in life that gets better with age. Wine snobs often venture into an unscientific speculation about the lifespan of a wine but the reality is that most decent wines become even better after spending some time in the bottle.
Author Vaughn WilliamsSource: Without Prejudice 15, pp 87 –88 (2015)More Less
The turn of the century seems just like yesterday but let's go back to 2001 and have a look at what transpired to make it a very memorable year. September 11th changed the world and the way terrorism was viewed by many. The events of 9/11 will forever be etched on our brains, but not in a good way. Wikipedia went online in June 2001 and the Apple iPod was released. Windows XP landed in stores for the first time and Harry Potter became famous.