392 publication(s) trouvée(s)
Article scientifique
COMBINING UNCERTAINTIES IN A COURT OF LAW USING BAYESIAN NETWORKS
People generally have difficulty dealing with the counter-intuitive notion of probability, and therefore they often misunderstand aspects of uncertainty. This …
Article scientifique
MARITAL RAPE: A TALE OF TWO LEGAL SYSTEMS
Marital rape is a form of sexual violence, which is often downplayed due to the common law position that a …
Article scientifique
A DONOR-CONCEIVED CHILD’S RIGHT TO KNOW ITS GENETIC ORIGIN: A SOUTH AFRICAN PERSPECTIVE
This paper addresses the need for donor-conceived children to know their genetic parents. The author focuses on the legal consequences …
Article scientifique
MEDICAL MALPRACTICE LITIGATION: DO WE NEED A PARADIGM SHIFT IN OUR APPROACH TO HANDLING MEDICAL NEGLIGENCE DISPUTES?
This article takes a critical look at the current state of affairs of both our public as well as private …
Article scientifique
REVISITING A CULTURE OF TOLERANCE RELATING TO RELIGIOUS UNFAIR DISCRIMINATION IN SOUTH AFRICA (PART 1)
On account of its nature and scope, this article has been divided into two parts. The aim of this work …
Article scientifique
FOREIGN INVESTMENT REGULATION IN THE SERVICES SECTOR IN AFRICA: SADC EXPERIENCE
The growth of the service sector foreign direct investment (FDI) globally reflects an underlying need for appropriate regulation. As investors …
Article scientifique
IS THE USE OF VIDEO FOOTAGE DURING INDUSTRIAL ACTION A SOLUTION TO LIABILITY FOR COLLECTIVE MISCONDUCT? – PART 1
The issue of strikes turning violent has been a hot potato in industrial relations in South Africa. Strikers vandalise property …
Article scientifique
RESTORATIVE JUSTICE AND CASES OF SERIOUS OFFENDING: A SOUTH AFRICAN AND CANADIAN PERSPECTIVE
The exact meaning, place and role of “restorative justice” (hereinafter “RJ”) in criminal matters remain largely unclear. Often, RJ is …
Article scientifique
FINANCIAL LIABILITY AND CHILD OFFENDERS IN SOUTH AFRICA
This submission is a theoretical examination of pecuniary liability in the case of child offenders in terms of the Child …
Article scientifique
SOCIAL SECURITY SURVIVORS’ BENEFITS IN SOUTH AFRICA: TOWARDS LEGISLATIVE REFORM CONCERNING POSTHUMOUSLY CONCEIVED CHILDREN
This purpose of this submission is to address the uncertainty regarding the legal status of posthumously conceived children and their …
Article scientifique
PREVENTATIVE MEASURES OF INSURERS AGAINST INSURANCE FRAUD WITH PARTICULAR REGARD TO MOTOR INSURANCE
Insurance fraud is prevalent in all spheres of the insurance industry; however, motor vehicle insurance sees a major increase in …
Article scientifique
AN ANALYSIS OF THE DIRECTORS’ DECISION-MAKING FUNCTION THROUGH THE LENS OF THE BUSINESS-JUDGMENT RULE
The main purpose of this article is to examine the standard of conduct required from a director in the exercise …
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