Without Prejudice - Volume 11, Issue 10, 2011
Volume 11, Issue 10, 2011
Source: Without Prejudice 11 (2011)More Less
In a recent decision of the Supreme Court of Appeal it was confirmed that special damages for loss of profits cannot be claimed by way of a defamation action. The effect of this decision is that businesses wishing to recover alleged financial losses caused by harmful statements published in the media will find it more difficult to prove their cases by way of an ordinary delict claim.
Author Steven PowellSource: Without Prejudice 11, pp 43 –44 (2011)More Less
Fraud and corruption are extremely topical in South Africa given the many companies that have been adversely affected by it. Often blame is placed on the banks and yet, more often than not, internal procedures, or a lack of these, enable corrupt employees to commit this crime with amazing ease. In particular, electronic fraud (EFT) has become rife and one of the greatest ongoing risks. EFT fraud is basically the illegal transferring of funds from one bank account to another.
Author Jeanri Le GrangeSource: Without Prejudice 11, pp 44 –45 (2011)More Less
Author Emile MyburghSource: Without Prejudice 11, pp 46 –48 (2011)More Less
It is every divorced and single parent's nightmare : the abduction of a child. In most cases one thinks of abduction as when a complete stranger runs off with a child. However, it is far likelier that the other parent abducts the child. When that parent lives abroad, it can become traumatic.
Author Louise BickSource: Without Prejudice 11, pp 48 –50 (2011)More Less
When undertaking pro bono work, attorneys have to establish whether or not applicants for legal aid have disabilities. The question appears on Law Societies' Pro Bono Scheme application forms (for statistical purposes) and requires practitioners to ask, often in a language which is not the applicant's first language, if he or she experiences challenges with vision, hearing or mobility, accompanied with the appropriate supportive communication (for example gestures, facial expression or written language).
Author Carmel RickardSource: Without Prejudice 11, pp 50 –51 (2011)More Less
Dead babies in buckets and other horrors recently made newspaper headlines illustrating the unspeakable condition of some state mortuaries. The reports concerned morgues in the Eastern Cape in particular and they were so well-researched and compellingly written that they led to high level intervention to improve mortuary and post mortem services in the province. However, the poor state of these facilities has had serious legal consequences as well - in a case involving prominent Eastern Cape doctors.
Source: Without Prejudice 11, pp 52 –54 (2011)More Less
Against the background of the increasing number of injuries sustained in rugby matches at all levels, the Western Cape High Court delivered a judgement on May 4 in which it considered the question of whether a willing participant in a sporting code may be said to have consented to the risk of sustaining injury.
Author Isla SwartSource: Without Prejudice 11, pp 54 –55 (2011)More Less
Imagine you are the driver of a large tanker truck driving downhill on the highway at about 70 km per hour. You see a car approaching you in its correct lane. As you take a closer look you realise that the driver of the car is fidgeting behind him and looking backwards and forwards intermittently in quick succession. Yet he is driving in his own lane and there is no indication that he would move into your truck's lane. Are you obliged at this point to take any steps to prevent a possible collision? Can you be seen as negligent if you do not?
Author Alison BakerSource: Without Prejudice 11, pp 57 –58 (2011)More Less
Genetic material provides an important source of information which can assist in the development of foods, medicines and products that can improve life. All living organisms, including plants, animals and micro-organisms possess genetic material that can be useful to humans.
Author Kopano MogaseSource: Without Prejudice 11, pp 64 –65 (2011)More Less
The counterfeiting phenomenon has been on the increase since the 1980s and the quality of offending goods has also improved. Along with the increased spread of counterfeit goods (commonly known as knock-offs) the range of goods subject to infringement has expanded significantly. In R v Johnstone, Lord Nicholson noted that counterfeit goods and pirated goods are big business, accounting for between 5% and 7% of world trade.
Author Wynand FourieSource: Without Prejudice 11, pp 65 –66 (2011)More Less
Source: Without Prejudice 11, pp 66 –67 (2011)More Less
News reports tell us daily of major intellectual property (IP) disputes. One example is the current battle between Apple and Samsung, relating to Samsung's Galaxy 10.1. The conflict began when Apple sued Samsung in April in the United States, alleging that the Samsung Galaxy range of smart phones and tablet devices "slavishly" copied the design, user interface and packaging of the iPhone and iPad. Samsung has countered with its own lawsuits accusing Apple of violating its intellectual property.
Author Nemo JudexSource: Without Prejudice 11, pp 68 –69 (2011)More Less
Foss-Harbottle J : In this unfortunate matter, Mr Knight sues his daughter Miss Knight (an appropriate name as it turns out) for the long-term effects of sleep deprivation caused by her when she was an infant. The plaintiff is one of those unrealistic people who think that children should be seen and not heard. What he wanted, he said, was an heir apparent only. His daughter's first three years of causing him sleepless nights have, he claims, caused him chronic insomnia and an addiction to late night television which is about as bad as addictions can get. He wants compensation.
Author Paul GilbertSource: Without Prejudice 11, pp 69 –70 (2011)More Less
... The essence of becoming a great lawyer is realising that it isn't about you.
This is hard... after all, after the law degree, law school, training, qualifying, trying to make your way, putting up with partners behaving like four-year-olds and working your socks off... of course it should be about you!
... but it isn't.
Author Ari KaplanSource: Without Prejudice 11, pp 70 –71 (2011)More Less
A colleague of mine in the UK recently asked whether I could connect him with career officials at universities in the US. Happy to assist, I made a few introductions to individuals with whom I am not regularly in contact. The first respondent thanked me and offered to speak with him. And, then she noted that my e-mail had prompted her to ask whether I would consider returning to the school in the next academic year. Opportunity made. No fancy tools. No Twitter followers. Just simple sincere engagement - period.