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Benson V SA Mutual Life
''Benson v SA Mutual Life Assurance Society''1986 (1) SA 776 (A). is an important case in South African contract law, particularly in the area of claims for specific performance. It was heard in the Appellate Division, by Michael Corbett (judge), Corbett JA, Kotzé JA, Joos Hefer, Hefer JA, Oscar Galgut, Galgut AJA and Cillié AJA, on 7 November 1985, with judgment handed down on 29 November. The court determined that the granting of an order of specific performance is entirely a matter of the discretion of the court. Apart from the rule that such discretion is to be exercised judicially upon all the relevant facts, no rules should be prescribed to regulate that discretion, as such rules would inevitably curtail the court's discretion and negate or erode the plaintiff's right to select his remedy. The English law, English rules regulating courts' discretion to order specific performance are predicated upon that remedy's availability by way of equitable relief only; they are inapp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Contract Law
South African contract law is "essentially a modernized version of the Roman-Dutch law of contract",Du Plessis, et al. p.11. and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which persons can transact business and exchange resources, secure in the knowledge that the law will uphold their agreements and, if necessary, enforce them. The law of contract underpins private enterprise in South Africa and regulates it in the interest of fair dealing. Nature A contract in South Africa is classified as an obligationary agreement—it creates enforceable obligations—and ought therefore to be distinguished from liberatory agreements (whereby obligations are discharged or extinguished; e.g. release, novation), real agreements (whereby rights are transferred; e.g. cession, conveyance), and family law agreem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Corbett (judge)
Michael McGregor Corbett, OMS, LLB (14 September 1923 – 16 September 2007) was a former Chief Justice of South Africa (1989–1996). He served in World War II before going to Trinity Hall, Cambridge to read law in 1946. Early years Michael Corbett was born in Pretoria. His father, Alan Frederick Corbett was born in Worcester, England in 1878. and served as the Commissioner for Inland Revenue. He completed his schooling at Rondebosch Boys' High School in Cape Town before serving in World War II in the South African Navy from 1941 till 1945, retiring with the rank of lieutenant commander. Prior to the war, he enrolled at the University of Cape Town and obtained a BA in 1941. After his active service during the war, he returned and obtained a LL B, After graduating, he was awarded the Elsie Ballot Scholarship and gained entry to study law at Trinity College, Cambridge. He later obtained a first class LL B in 1948. Legal career Corbett began his legal career when he read ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joos Hefer
Josephus Johannes Francois "Joos" Hefer (born 21 December 1931) is a South African judge and former Acting President of the Supreme Court of Appeal of South Africa. Early life and education Hefer was born in Brandfort, in the Free State and matriculated in 1949 in Bloemfontein. He studied at the University of the Orange Free State and obtained his BA degree in 1953 and LLB in 1955. In 1995 he obtained an LLM degree from UNISA. Career Hefer practised as an attorney from 1955 to 1957 and joined the Free State Bar in 1957, where he practised until 1975. He became a senior advocaat in 1972 and during the same year he first act as a judge in Bloemfontein. He also acted as a judge at the Northern Cape Division in Kimberley, the South West Africa Division in Windhoek and Durban & Coast Local Division in Durban. On the 1st of February 1976, Hefer was appointed judge in the Natal Provincial Division and in August 1981, he was appointed Chief Justice of the Transkei High Court. Two ye ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oscar Galgut
Oscar Galgut (31 July 1906 – 22 May 1999) was a South African lawyer and Judge of Appeal in the Supreme Court of Appeal. Early life and education Galgut was born in Pretoria on 31 July 1906 and matriculated at Pretoria Boys High School in 1923. He attended the Transvaal University College, graduating with a BA degree In 1924 and an LL.B. degree in 1928. Galgut first practised as an attorney in Pretoria and from 1935 as an advocate. Military career During World War II, Galgut served as a lieutenant colonel in the SAAF's 24 Squadron, which was active in North and East Africa. He was also temporarily in command of 24 Squadron and later, acted three times as commanding officer of the SAAF 3 Wing. He was awarded an OBE for his military services. Judicial career After the war Galgut returned to the Pretoria Bar and in 1950 he took silk. He was appointed to the Transvaal Provincial Division of the Supreme Court in 1957 and in 1975, a year before his the compulsory retiring ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cape Town
Cape Town ( af, Kaapstad; , xh, iKapa) is one of South Africa's three capital cities, serving as the seat of the Parliament of South Africa. It is the legislative capital of the country, the oldest city in the country, and the second largest (after Johannesburg). Colloquially named the ''Mother City'', it is the largest city of the Western Cape province, and is managed by the City of Cape Town metropolitan municipality. The other two capitals are Pretoria, the executive capital, located in Gauteng, where the Presidency is based, and Bloemfontein, the judicial capital in the Free State, where the Supreme Court of Appeal is located. Cape Town is ranked as a Beta world city by the Globalization and World Cities Research Network. The city is known for its harbour, for its natural setting in the Cape Floristic Region, and for landmarks such as Table Mountain and Cape Point. Cape Town is home to 66% of the Western Cape's population. In 2014, Cape Town was named the best place ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Cape
The Western Cape is a province of South Africa, situated on the south-western coast of the country. It is the fourth largest of the nine provinces with an area of , and the third most populous, with an estimated 7 million inhabitants in 2020. About two-thirds of these inhabitants live in the metropolitan area of Cape Town, which is also the provincial capital. The Western Cape was created in 1994 from part of the former Cape Province. The two largest cities are Cape Town and George. Geography The Western Cape Province is roughly L-shaped, extending north and east from the Cape of Good Hope, in the southwestern corner of South Africa. It stretches about northwards along the Atlantic coast and about eastwards along the South African south coast (Southern Indian Ocean). It is bordered on the north by the Northern Cape and on the east by the Eastern Cape. The total land area of the province is , about 10.6% of the country's total. It is roughly the size of England or the S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2010 In Literature
This article contains information about the literary events and publications of 2010. Events *February – The Wheeler Centre, Australia's "literary hub", is officially opened. * April 3 – The Apple iPad electronic book-reading device is released. *April 12 – The little-known U.S. author Paul Harding wins the Pulitzer Prize for Fiction for his debut novel '' Tinkers'' (2009) published by the tiny Bellevue Literary Press. * June 24 – Neil Gaiman becomes the first author to win both the Carnegie Medal and the Newbery Medal for the same book — '' The Graveyard Book''. *July 27 – Stieg Larsson's ''Millennium Trilogy'' becomes an international sensation, with a total of 27 million copies sold worldwide as of May 2010. On July 27 Amazon says that Larsson is the first author to sell more than 1 million Kindle e-books.Stephen Lowman, "Book World", page 12, December 12, 2010, ''The Washington Post''. *August 13 – ''Time'' magazine puts Jonathan Franzen on its cover fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1985 In South African Law
The year 1985 was designated as the International Youth Year by the United Nations. Events January * January 1 ** The Internet's Domain Name System is created. ** Greenland withdraws from the European Economic Community as a result of a new agreement on fishing rights. * January 7 – Japan Aerospace Exploration Agency launches ''Sakigake'', Japan's first interplanetary spacecraft and the first deep space probe to be launched by any country other than the United States or the Soviet Union. * January 15 – Tancredo Neves is elected president of Brazil by the Congress, ending the 21-year military rule. * January 20 – Ronald Reagan is privately sworn in for a second term as President of the United States. * January 27 – The Economic Cooperation Organization (ECO) is formed, in Tehran. * January 28 – The charity single record "We Are the World" is recorded by USA for Africa. February * February 4 – The border between Gibraltar and Spai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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