Fritz Brand (general)
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Fritz Brand (general)
Frederik Daniël Jacobus "Fritz" Brand SC (born 16 February 1949) is a former judge of the Supreme Court of Appeal of South Africa."Judges of the Supreme Court of Appeal"SCA website. Early life and education Brand was born in Paarl and matriculated at the High School Vredenburg in 1966. After school he enrolled at Stellenbosch University and obtained a BA degree in 1970, an LL.B. degree in 1972 and an LL.M. (''cum laude'') in 1976. Career Brand started his career in 1973 as a Senior lecturer at Stellenbosch University and was admitted as advocate in May 1973. He lectured until 1976 and on 10 May 1977 joined the Cape Bar. Brand was granted senior status in November 1989 and in September 1992 he was appointed Judge of the Cape High Court. He was appointed to the bench of the Supreme Court of Appeal with effect from 1 December 2001. In 2010 he was appointed as an acting judge to the Constitutional Court, for two terms. Notable judgments written by Brand include '' Afrox ...
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Senior Counsel
The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions that have chosen to change the title "King's Counsel" to a name without monarchical connotations, usually related to the British monarch that is no longer head of state, such that reference to the King is no longer appropriate. Examples of jurisdictions which have made the change because of the latter reason include Mauritius, Zambia, India, Hong Kong, Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago. Jurisdictions which have retained the monarch as head of state, but have nonetheless opted for the new title include some states and territories of Australia, as well as Belize. Just as a junior counsel is " called to the uterBar", a Senior Counsel is, in some jurisdictions, said to be "called to the Inne ...
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Fourway Haulage SA V SA National Roads Agency
''Fourway Haulage SA (Pty) Ltd v SA National Roads Agency Ltd'' is an important case in South African law. It was heard in the Supreme Court of Appeal on 5 November 2008, with judgment handed down on 26 November. The judges were Scott JA, Farlam JA, Brand JA, Lewis JA and Jafta JA. JH Dreyer SC (with JA du Plessis) appeared for the appellant, and AC Ferreira SC (with I. Ellis) for the respondent. The case is especially significant for the law of delict, and the question of wrongfulness in cases of pure economic loss. The court held that the causation of pure economic loss is not ''prima facie'' wrongful. Wrongfulness is a function of public and legal policy considerations. The court went on to examine and explain the policy considerations determining liability. Facts Following a motor accident, a toll road had to be closed for 24 hours to facilitate the clean-up of spilt asbestos, which caused the toll company to lose revenue for the duration of the clean-up. The toll company ...
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Living People
Related categories * :Year of birth missing (living people) / :Year of birth unknown * :Date of birth missing (living people) / :Date of birth unknown * :Place of birth missing (living people) / :Place of birth unknown * :Year of death missing / :Year of death unknown * :Date of death missing / :Date of death unknown * :Place of death missing / :Place of death unknown * :Missing middle or first names See also * :Dead people * :Template:L, which generates this category or death years, and birth year and sort keys. : {{DEFAULTSORT:Living people 21st-century people People by status ...
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1949 Births
Events January * January 1 – A United Nations-sponsored ceasefire brings an end to the Indo-Pakistani War of 1947. The war results in a stalemate and the division of Kashmir, which still continues as of 2022. * January 2 – Luis Muñoz Marín becomes the first democratically elected Governor of Puerto Rico. * January 11 – The first "networked" television broadcasts take place, as KDKA-TV in Pittsburgh, Pennsylvania goes on the air, connecting east coast and mid-west programming in the United States. * January 16 – Şemsettin Günaltay forms the new government of Turkey. It is the 18th government, last One-party state, single party government of the Republican People's Party. * January 17 – The first Volkswagen Beetle, VW Type 1 to arrive in the United States, a 1948 model, is brought to New York City, New York by Dutch businessman Ben Pon Sr., Ben Pon. Unable to interest dealers or importers in the Volkswagen, Pon sells the sample car to pay his ...
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Business And Commercial Courts
Business Courts, sometimes referred to as Commercial Courts, are trial courts that hear business disputes primarily or exclusively. The modern creation of specialized Business Courts in the United States began in the early 1990s, and has expanded greatly in the last twenty-five years. Business courts (or more accurately business programs or divisions within existing trial level courts) are operating iNew York Cityand 10 other jurisdictions throughout New York State as the New York Supreme Court Commercial Division, most recently adding the Bronx Commercial Division, ChicagoNorth Carolina New Jersey, Philadelphia anPittsburgh PennsylvaniaRenoanLas Vegas NevadaMassachusetts Rhode IslandMaryland OrlandoMiami Ft. Lauderdale, anTampa Florida, Michigan, Cleveland and Toledo, Ohio, Iowa, Maine, New HampshireAtlantaand Gwinnett County, Georgia, Delaware's Superior Court and Court of Chancery, Nashville, Tennessee, Wisconsin, IndianaArizona Kentucky and South CarolinaThis mapshows states havi ...
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DE V RH
''DE v RH'' is a decision of the Constitutional Court of South Africa in the law of delict. The court abolished the third-party delictual claim for adultery, holding unanimously that society's contemporary '' boni mores'' indicated that the act of adultery by a third party lacks wrongfulness and therefore does not give rise to delictual liability. The judgment was handed down without papers on 19 June 2015 and was written by Justice Mbuyiseli Madlanga, with a separate concurrence by Chief Justice Mogoeng Mogoeng. Background Mr DE and Ms H, a married couple, ceased to cohabitate in March 2010 when Ms H left their home; she filed for divorce in June 2010. A divorce order was granted in September 2011. Mr DE averred that their marriage was happy until 2010, when it broke down because Ms H engaged in adultery with Mr RH. Ms H did not deny the adulterous relationship, but averred that her marriage had begun to deteriorate in 2008 and that she had not become romantically invol ...
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Adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversi ...
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South African Law Of Delict
The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. JC Van der Walt and Rob Midgley define a delict 'in general terms ..as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor. The delictual inquiry 'is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict'. The classic remedy for a delict is compensation: a claim of damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest (an ''injuria''), t ...
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Le Roux V Dey
''Le Roux and Others v Dey'' is a 2011 decision of the Constitutional Court of South Africa in the South African law of delict. It was the court's first decision on alleged defamation by a minor. A majority of the court upheld the award of monetary damages to a high school vice-principal who had been defamed by three of his pupils through the publication of a digitally manipulated photo. Background The case arose in 2006 from the conduct of three students at Hoërskool Waterkloof in Pretoria. The first student, fifteen-year-old Hendrick Pieter Le Roux, crudely digitally manipulated a photo of two naked bodybuilders so that it appeared to depict the school's principal and vice-principal engaged in sexual activity. Le Roux sent the photo to a friend, who sent it on to seventeen-year-old Burgert Christiaan Gildenhuys; Gildenhuys printed the photo out to show it around at the school, and a third student, seventeen-year-old Reinardt Janse van Rensburg, placed the picture on the ...
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Butters V Mncora
''Butters v Mncora'' is an important recent case in South African law, especially with respect to universal partnerships. An appeal against a decision in the Eastern Cape High Court, Port Elizabeth, by Chetty J, it was heard in the Supreme Court of Appeal by Brand JA, Heher JA, Cachalia JA, Mhlantla JA and Tshiqi JA on March 8, 2012. They delivered judgment on March 28, 2012. JJ Gauntlett SC (with RG Buchanan SC) appeared for the appellant, and A. Beyleveld SC (with NJ Mullins) for the respondent. The court found that universal partnerships of all property which extend beyond commercial undertakings were part of Roman-Dutch law Roman-Dutch law (Dutch: ''Rooms-Hollands recht'', Afrikaans: ''Romeins-Hollandse reg'') is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it ... and still form part of South African law. Where the partnership enterprise extends beyond commercial under ...
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Afrox Healthcare V Strydom
''Afrox Healthcare Ltd v Strydom'', an important case in South African contract law, was heard in the Supreme Court of Appeal (SCA) on May 13, 2002, with judgment handed down on May 31. Facts The appellant, Afrox Healthcare, was the owner of a private hospital. The respondent, Strydom, had been admitted to the hospital for surgery and post-operative medical treatment. On his admission, the parties concluded an agreement, of which it was a tacit term, according to Strydom, that Afrox's nursing staff would treat him in a professional manner and with reasonable care. The admission document, however, signed by Strydom during his admission to the hospital, contained an exemption clause, providing that he absolved the hospital and/or its employees and/or agents from all liability and indemnified them from any claim instituted by any person (including a dependant of the patient) for damages or loss of whatever nature (including consequential damages or special damages of any natur ...
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Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ...
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