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South African Law Of Lease
The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease (or letting and hiring, Lat ''locatio conductio'', Afrik ''huur en verhuring''). This is broadly defined as a synallagmatic contract between two parties, the lessor and the lessee, in terms of which one, the lessor, binds himself to give the other, the lessee, the temporary use and enjoyment of a thing, in whole or in part, or of his services or those of another person; the lessee, meanwhile, binds himself to pay a sum of money as compensation, or rent, for that use and enjoyment. The law of lease is often discussed as a counterpart to the law of sale. South African law, like its Roman counterpart, recognises three forms of the contract of lease: # '' locatio conductio rei'', or renting or hire of a thing, movable or immovable; # '' locatio conductio operarum'', or employment contract or hire of labour between an employer and an emplo ... [...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] |
Employment Contract
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Benlou Properties V Vector Graphics
''Benlou Properties (Pty) Ltd v Vector Graphics (Pty) Ltd'' is an important case in the South African law of lease.Benlou Properties (Pty) Ltd v Vector Graphics (Pty) Ltd 1993 (1) SA 179 (A) Facts Benlou Properties (the lessor) and Vector Graphics (the lessee) entered into a lease agreement. Clause 8.5 entitled Benlou Properties to recover 74.4 per cent of any increase in its expenditure on certain items from Vector Graphics. Approximately two years after the conclusion of the agreement, Vector Graphics sought an order to declare the clause invalid, contending * that the amounts payable in terms of clause 8.5 constituted additional rent; * that such amounts were not determined in, nor determinable from, the written agreement; and * that clause 8.5, and consequently the entire agreement, was accordingly void. The court '' a quo'' held that a number of the provisions of clause 8.5, read with certain other clauses, were invalid because they conferred a discretion on Benlou Proper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NBS Boland Bank V One Berg River Driver And Others
NBS may refer to: Business * National Bank of Samoa * National Bank of Serbia * National Bank of Slovakia * National Book Store, in the Philippines * Nationwide Building Society, UK * NBS (Natal Building Society), former bank in South Africa * NBS Bank, Malawi * Nelson Building Society, New Zealand * Newcastle Building Society, UK Science and technology * Nature-based solutions, use of nature for addressing societal challenges * ''N''-Bromosuccinimide, a chemical reagent * Newborn screening, a series of medical tests given to newborn babies * Nijmegen breakage syndrome, a genetic medical condition Schools * National Broadcasting School, UK * NUST Business School, of the National University of Sciences and Technology, Pakistan Telecommunications * Nagano Broadcasting Systems, Japan * National Broadcasting Service, former name of National Broadcasting Network (Trinidad and Tobago) * National Broadband Plan (United States) * NBS Television (Uganda) * Nippon Broadcasti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ntshiqa V Andreas Supermarket
{{Short description, South African legal case In ''Ntshiqa v Andreas Supermarket (Pty) Ltd'', an important case in the South African law of lease, the parties entered into a written lease agreement in terms whereof Ntshiqa (the lessor) let to Andreas Supermarket (the lessee) certain business premises for a period of five years for the operation of a supermarket. The agreement provided that, in the event of non-payment of rent, or the breach of any condition of the lease, the lessor would be entitled to cancel the lease and retake possession of the premises. When the supermarket failed to pay the rental for the month of December 1995, Ntshiqa cancelled the lease agreement and instituted action for the eviction of Andreas Supermarket and payment of the unpaid rental. Throughout the period starting from December 1995, up to and including the date the matter was argued, the supermarket had not paid any rent, contending that it was entitled to a rental remission for two reasons: # ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pete's Warehousing And Sales CC V Bowsink Investments
Pete or Petes or ''variation'', may refer to: People * Pete (given name) * Pete (nickname) * Pete (surname) Fictional characters * Pete (Disney), a cartoon character in the ''Mickey Mouse'' universe * Pete the Pup (a.k.a. 'Petey'), a character (played by several dogs) in Hal Roach's ''Our Gang'' comedies Places * Pete, Zanzibar, a village in Tanzania * Pete, the Hungarian name for Petea village, Dorolț Commune, Satu Mare County, Romania * Petes, Gotland, Visby, Gotland, Sweden * Petes Hill, a summit in the Adirondack Mountains, New York State, USA * Petes Creek, a tributary of the Sacandaga River, located in New York State, USA Sports and athletics * The Pete, Petersen Events Center, athletics complex and basketball arena on the campus of the University of Pittsburgh * Pete the Penguin, one of the two mascots of Youngstown State University * Purdue Pete, bookstore logo turned unofficial mascot of Purdue University * A member of the Peterborough Petes junior ice hockey te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exceptio Non Adimpleti Contractus
The ''exceptio non adimpleti contractus'' is a defence that can be raised in the case of a reciprocal contract. In essence, it is a remedy that allows a party to withhold his own performance, accompanied by a right to ward off a claim for such performance until the other party has duly performed his or her obligations under the contract. Requirements for the ''exceptio non adimpleti contractus'' Two requirements must be met in order for the ''exceptio non adimpleti contractus'' to be available. The two performances must be reciprocal to one another; and the other party must be obliged to perform first. Bibliography *Dale Hutchinson & Chris-James Pretorius. ''The Law of Contract in South Africa'', 2nd edn. Cape Town: Oxford University Press, 2013. References {{reflist Contract law Legal defenses ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mutual Construction Co V Komati Dam Joint Venture
In ''Mutual Construction Co v Komati Dam Joint Venture'', an important case in South African law, Mutual Construction leased a truck, together with an operator, to Komati Dam Joint Venture (KDJV). The agreement required KDJV to provide responsible supervision for the operator; it also provided that KDJV would be responsible for loss or damage to the truck occurring through KDJV's negligence, misdirection or misuse.Mutual Construction Co v Komati Dam Joint Venture 2009 (1) SA 464 (SCA) While operating the truck onsite, under the control of KDJV, the operator fell asleep and had an accident. Mutual Construction sued KDJV for the cost of repairing the truck and for loss of income due to the truck's being unusable until repaired. The High Court held that KDJV was not liable, as it had offered the operator an opportunity to rest, of which he had failed to take advantage. It was held, therefore, that the operator's negligence was beyond the control of KDJV. On appeal, the Supreme Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landlord And Tenant
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given length of time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting. T ... [...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] |
Building
A building, or edifice, is an enclosed structure with a roof and walls standing more or less permanently in one place, such as a house or factory (although there's also portable buildings). Buildings come in a variety of sizes, shapes, and functions, and have been adapted throughout history for a wide number of factors, from building materials available, to weather conditions, land prices, ground conditions, specific uses, prestige, and aesthetic reasons. To better understand the term ''building'' compare the list of nonbuilding structures. Buildings serve several societal needs – primarily as shelter from weather, security, living space, privacy, to store belongings, and to comfortably live and work. A building as a shelter represents a physical division of the human habitat (a place of comfort and safety) and the ''outside'' (a place that at times may be harsh and harmful). Ever since the first cave paintings, buildings have also become objects or canvasses of much artist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
