Juta's Business Law - Volume 16, Issue 2, 2008
Volume 16, Issue 2, 2008
Source: Juta's Business Law 16, pp 36 –39 (2008)More Less
It is not exceptional that an insurer of, say, a motor vehicle will, in the event of the vehicle being damaged, not pay the insured a sum of money but rather exercise the right that it usually has in terms of the insurance contract to have the vehicle repaired. The question then arises whether the repairer has any rights as far as the vehicle is concerned should it have incurred any expenses on it, and against whom such rights have to be exercised. These questions arose for consideration in Outsurance Insurance Co Ltd & another v Brabant Panel Beaters CC (2007 JDR 0043 (T)).
Author Maleka Femida CassimSource: Juta's Business Law 16, pp 40 –42 (2008)More Less
The statutory merger is a fundamentally new concept that has been introduced into South African corporate law by the Companies Bill of 2008 (the Bill was passed by Parliament on 17 November 2008). The concept has been borrowed from the United States of America - South Africa never had a true merger procedure.
Author Lufuno Tokyo NevondweSource: Juta's Business Law 16, pp 43 –47 (2008)More Less
This article deals with the time limits for submitting a complaint to the Pension Funds Adjudicator. The position under the previous version of the section 30I of the Pension Funds Act 24 of 1956 ('the Act') will be stated and explained, and then the position under the current version of this provision, as altered by the Pension Funds Amendment Act 11 of 2007.
Author Wim AlbertsSource: Juta's Business Law 16, pp 48 –50 (2008)More Less
There is no copyright in ideas. This statement is often made by copyright lawyers, with confidence, and with substantial justification. But it cannot be seen as an absolute rule, without any exceptions or qualifications. That much appears from the decision of the Cape Provincial Division in Peter-Ross v Ramesar & another  JOL 21933 (C); 2008 JDR 0660 (C).
Author Jopie PretoriusSource: Juta's Business Law 16, pp 51 –54 (2008)More Less
It often happens that a bank may wish to include the debts relating to, for example, the non-payment of a motor vehicle finance transaction in the cancellation figures of a mortgage bond owed to the bank. In this way, the bank effectively forces its client to pay all the outstanding debts from the proceeds of the sale of the property that was bonded as security for the mortgage loan. In this article I want to examine the validity of this practice.
Author Frank JoffeSource: Juta's Business Law 16, pp 55 –57 (2008)More Less
The Supreme Court of Appeal recently delivered two patent judgments dealing with the issue of inventive step as a requirement for a valid patent. Neither judgment was considered by the judges of appeal to be reportable, but they are still worthy of comment, if for no other reason than that they are rare examples of the court revoking a patent for lack of inventive step. (Ensign-Bickford (South Africa) (Pty) Ltd & others v AECI Explosives and Chemicals Ltd 1999 (1) SA 70 (SCA) is the only case under the current Patents Act 57 of 1978; see also Marine Construction and Design Company v Hansen's Marine Equipment (Proprietary) Limited 1971 BP 187 (A) and John Hay Chapman Drummond-Hay v D I Fram and Company 1962 BP 343 (T), which are the only such cases under the previous Act.)
Source: Juta's Business Law 16, pp 58 –62 (2008)More Less
It may take many years for newly evolved business methods to be tested in court. The recent decision in BMW Financial Services (SA) (Pty) Ltd v Harding (2007 JDR 0497 (C)) was, it may be thought, the first decision in which the now fairly familiar institution of cell-captive insurance and the agreement underlying it arose for consideration in court. So the judgment of Moosa J is of interest in that it provided details of a cell-captive arrangement between an insurer and its client, and it held that such an arrangement was valid and not contrary to either the Companies Act 61 of 1973 or the Short-term Insurance Act 53 of 1998 (the 'SIA').
Author Sizwe SnailSource: Juta's Business Law 16, pp 63 –69 (2008)More Less
Cyber crimes are not limited to the conduct mentioned in the ECT Act. There are also other statutes that apply to the prosecution of cyber crimes. For example, in terms of the Prevention of Organized Crime Act 121 of 1998 (POCA) and the Financial Intelligence Centre Act 38 of 2001 (FICA), the prevention of all the crimes (as applicable to the cyber environment) listed is highlighted. Money laundering and other financial crimes that nowadays are committed online may also contravene the Exchange Control Regulations. Also noteworthy is the National Gambling Act 7 of 2004. Under section 89, any form of unlicensed gambling is unlawful and a person found guilty of this offence may be imprisoned for a period of two years.