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Robinson V Randfontein Estates Gold Mining
''Robinson v Randfontein Estates Gold Mining Co Ltd'' is an important case in South African law. It was heard in the Appellate Division from 13 to 20 December 1920, with judgment handed down on 19 February 1921. Innes CJ, Solomon JA, CG Maasdorp JA, Juta JA and Bristowe AJA presided. Facts The plaintiff company had a lease of the mineral rights in a farm. The defendant was the chairman of the board of directors of the company. The defendant was mandated to purchase the farm for the plaintiff company but could not agree the terms with the owner. The owner promised that if he ever wanted to sell he would give the defendant the first option. The defendant later bought half of the farm for £60,000 through an agent. He thereafter sold it for £275000 to the Watervaal Trust Company which was a wholly owned subsidiary of the plaintiff company. He never disclosed his interest in the transaction and he did not disclose his profit from it. When the plaintiff discovered what had happened ...
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Condictio Indebiti
The ''condictio indebiti'' is an action in civil (Roman) law whereby a plaintiff may recover what he has paid the defendant by mistake; such mistaken payment is known as ''solutio indebiti''. This action does not lie # if the sum was due '' ex aequitate'', or by a natural obligation; # if he who made the payment knew that nothing was due, for ''qui consulto dat quod non debet, praesumitur donare'' (who gives purposely what he does not owe, is presumed to make a gift). The action is extant in civil (Roman) or hybrid law regimes, e.g. Norway, South Africa and Scotland .See e.gThe common law of South Africa By Manfred Nathan, Johannes Voet/ref> See also *Condictio causa data causa non secuta The ''condictio causa data causa non secuta'' under Roman law was an action ("condictio") for recovery of a transfer of property, where the purpose for the transfer had failed (''causa non secuta''). During the recognition of innominate contracts, ... § 812 I 1 1. Alt BGB (German Civil Co ...
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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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South African Company Law
South African company law is that body of rules which regulates corporations formed under the Companies Act. A company is a business organisation which earns income by the production or sale of goods or services. This entry also covers rules by which partnerships and trusts are governed in South Africa, together with (albeit in less detail) cooperatives and sole proprietorships. Features A company has (but is not limited to) three distinguishing features: # its legal separateness from the people involved in it—specifically from its owners, called shareholders, # its potential immortality, and # its size. Separateness A company is separate from its employees, shareholders or members (in the case of close corporations), in that the connection between them is, usually, a mere contract of employment, which may be terminated, leaving both parties to go their own ways. The same generally applies, however, to those businesses which are not companies. There is also, more importan ...
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South African Law Reports, Appellate Division
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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Appellate Division (South Africa) Cases
Appellate Division may refer to: * Bangladesh Supreme Court, Appellate Division * New York Supreme Court, Appellate Division * New Jersey Superior Court, Appellate Division The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appe ... See also * Supreme Court of Prince Edward Island#Appeal_Division * Court of Appeal (other) * Court of Appeals (other) * State court (United States)#Nomenclature {{disambig ...
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1921 In South African Law
Nineteen or 19 may refer to: * 19 (number), the natural number following 18 and preceding 20 * one of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (film), a 1987 science fiction film Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * ''Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle. * "Nineteen", a song by Bad4Good from the 1992 album ''Refugee'' * "Nineteen", a song by Karma to Burn from the 2001 album ''Almost Heathen''. * "Nineteen" (song), a 2007 song by American singer Billy Ray Cyrus. * "Nineteen", a song by Tegan and Sara from the 2007 album '' The Con''. * "XIX" (song), a 2014 song by Slipknot. ...
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