Maseko V Maseko
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Maseko V Maseko
''Maseko v Maseko'',1992 (3) SA 190 (W). heard in the Witwatersrand Local Division by Lazarus AJ from 22 to 25 October, 1990, with judgment handed down on 16 November, is an important case in South African contract law, with its stipulation, on the question of legality, that contracts designed to mislead creditors are immoral and against public policy. The plaintiff in this case, in order to protect her property from possible attachment in execution, had entered into an agreement with the defendant that they would marry, transfer the property to him, thereafter divorce and then retransfer the property to her once the threat of attachment was over. The purpose of this agreement was to conceal the property from the creditor, and possibly others; as such, it was contrary to public policy. The court also held that, when a contract is void ''ab initio'', the remedy of '' restitutio in integrum'' will not be available. The essence of the remedy is that there should be a valid legal tr ...
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Witwatersrand
The Witwatersrand () (locally the Rand or, less commonly, the Reef) is a , north-facing scarp in South Africa. It consists of a hard, erosion-resistant quartzite metamorphic rock, over which several north-flowing rivers form waterfalls, which account for the name Witwatersrand, meaning "white water ridge" in Afrikaans.Truswell, J.F. (1977). ''The Geological Evolution of South Africa''. pp. 21, 27–28, 33–36. Cape Town: Purnell. This east-west-running scarp can be traced with only one short gap, from Bedfordview (about west of O.R. Tambo International Airport) in the east, through Johannesburg and Roodepoort, to Krugersdorp in the west (see the diagram at left below).Norman, N.; Whitfield, G. (2006) ''Geological Journeys''. pp. 38–49, 60–61. Cape Town: Struik Publishers. The scarp forms the northern edge of a plateau (or ridge) which rises about above the surrounding plains of the Highveld. A number of picturesque Johannesburg suburbs, including Observatory, Linksfi ...
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Motor Vehicle
A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on Track (rail transport), rails (such as trains or trams) and is used for the transportation of people or cargo. The vehicle propulsion is provided by an engine or motor, usually an internal combustion engine or an electric motor, or some combination of the two, such as hybrid electric vehicles and plug-in hybrids. For legal purpose, motor vehicles are often identified within a number of vehicle classes including cars, buses, motorcycles, off-road vehicles, light trucks and regular trucks. These classifications vary according to the legal codes of each country. International Organization for Standardization, ISO 3833:1977 is the standard for road vehicle types, terms and definitions. Generally, to avoid requiring people with disabilities from having to possess an operator's license to use one, or requiring tags and insurance, powered ...
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1990 In Case Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as the ...
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1990 In South African Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Law Of South Africa
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 ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with ''larceny'', while in others, ''theft'' is defined more narrowly. Someone who carries out an act of theft may be described as a "thief" ( : thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The '' actus reus'' of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a '' mens rea'' of dish ...
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