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Barclays Western Bank V Pretorius
{{Short description, South African legal case ''Barclays Western Bank Ltd v Pretorius'' is an important case in South African law, particularly in the area of civil procedure; it was an appeal of Western Bank Ltd v Pretorius. Facts Provisional sentence had been claimed on two surety bonds. The feature of the litigation which brought it before the court was that neither bond contained an acknowledgment by the defendant that she was indebted to the plaintiff in a specific amount; nor did either bond contain an unequivocal promise by her to pay the plaintiff a definite sum. Issue The question confronting the court was whether such a bond could support a claim for provisional sentence. Law The leading case in this area of the law was '' Union Share Agency Investment Ltd v Spain''. "It is the essence of the doctrine of provisional sentence," the court held in that case, "that the acknowledgement of debt or the undertaking to pay should be clear and certain on the face of the docu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Bank Ltd V Pretorius
{{Short description, South African legal case ''Western Bank Ltd v Pretorius'' is an important case in Law of South Africa, South African law, particularly in the area of Civil procedure in South Africa, civil procedure. Facts The plaintiff claimed provisional sentence against the defendant on a covering mortgage bond. In terms of the bond, the defendant held himself "bound unto (plaintiff) in the sum of R160 000 as a continuing security up to but not exceeding the principal sum in respect of [...] monies lent and advanced and/or to be lent and advanced." At the time of the execution of the bond, no money had been lent to the defendant. Clause 18 of the bond provided that, should the defendant "fail to make payment of any monies payable" to the plaintiff, then "all capital and interest" would immediately be due and payable. In terms of clause 21 of the bond, "a certificate signed by the [...] authorised officer [...] of the [plaintiff] specifying the amount owing by the [defendan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provisional Sentence
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function. Sources The sources of civil procedure in South Africa are to be found in the Magistrates' Courts Act and Rules, the Superior Courts Act (which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Surety Bond
In finance, a surety , surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a surety or guarantor to pay one party (the ''obligee'') a certain amount if a second party (the ''principal'') fails to meet some obligation, such as fulfilling the terms of a contract. The surety bond protects the obligee against losses resulting from the principal's failure to meet the obligation. The person or company providing the promise is also known as a "surety" or as a "guarantor". Overview A surety bond is defined as a contract among at least three parties: * the ''obligee'': the party who is the recipient of an obligation * the ''principal'': the primary party who will perform the contractual obligation * the ''surety'': who assures the obligee that the principal can perform the task European surety bonds can be issued by banks and surety companies. I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bond (finance)
In finance, a bond is a type of security under which the issuer ( debtor) owes the holder ( creditor) a debt, and is obliged – depending on the terms – to repay the principal (i.e. amount borrowed) of the bond at the maturity date as well as interest (called the coupon) over a specified amount of time. The interest is usually payable at fixed intervals: semiannual, annual, and less often at other periods. Thus, a bond is a form of loan or IOU. Bonds provide the borrower with external funds to finance long-term investments or, in the case of government bonds, to finance current expenditure. Bonds and stocks are both securities, but the major difference between the two is that (capital) stockholders have an equity stake in a company (i.e. they are owners), whereas bondholders have a creditor stake in a company (i.e. they are lenders). As creditors, bondholders have priority over stockholders. This means they will be repaid in advance of stockholders, but will rank behind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Union Share Agency Investment Ltd V Spain
Union commonly refers to: * Trade union, an organization of workers * Union (set theory), in mathematics, a fundamental operation on sets Union may also refer to: Arts and entertainment Music * Union (band), an American rock group ** ''Union'' (Union album), 1998 * ''Union'' (Chara album), 2007 * ''Union'' (Toni Childs album), 1988 * ''Union'' (Cuff the Duke album), 2012 * ''Union'' (Paradoxical Frog album), 2011 * ''Union'', a 2001 album by Puya * ''Union'', a 2001 album by Rasa * ''Union'' (The Boxer Rebellion album), 2009 * ''Union'' (Yes album), 1991 * "Union" (Black Eyed Peas song), 2005 Other uses in arts and entertainment * ''Union'' (Star Wars), a Dark Horse comics limited series * Union, in the fictional Alliance–Union universe of C. J. Cherryh * '' Union (Horse with Two Discs)'', a bronze sculpture by Christopher Le Brun, 1999–2000 * The Union (Marvel Team), a Marvel Comics superhero team and comic series Education * Union Academy (other) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lagerwey V Rich And Others
Lagerwey may refer to: * , Dutch wind turbine manufacturer * (1880–1959), bishop of Deventer * Garth Lagerwey Garth Lagerwey (born December 12, 1972) is a retired American soccer player who played five seasons in Major League Soccer as a goalkeeper. He became the general manager of Real Salt Lake in 2007 and stayed with the club before departing in 201 ... (born 1972), retired American soccer goalkeeper and manager * (born 1946), American sinologist {{Disamb, surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Journal
The ''South African Law Journal'' is a quarterly law journal published by Juta & Co. It is South Africa's leading law journal and the second oldest law journal in the world, after the ''University of Pennsylvania Law Review''. History The ''SALJ'' was established in Grahamstown in 1884, making it one year older than England's ''Law Quarterly Review'' and three years older than the '' Harvard Law Review''. Its first 17 volumes were published under the title ''Cape Law Journal'', before its name was changed to the ''South African Law Journal'' in 1901. Editors The ''SALJ'' was edited for much of its history at the University of the Witwatersrand Law School, first by Bobby Hahlo, and then for a period of over forty years by Ellison Kahn. Its current managing editor is Graham Glover (Rhodes University). Its full list of managing editors is: * William Henry Somerset Bell (1884-1896) * Shepherd Kitchin (1896-1918) * Robert Howes (1918-1937; honorary editor from 1937 to 1942) * Cy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1978 In South African Law
Events January * January 1 – Air India Flight 855, a Boeing 747 passenger jet, crashes off the coast of Bombay, killing 213. * January 5 – Bülent Ecevit, of Republican People's Party, CHP, forms the new government of Turkey (42nd government). * January 6 – The Holy Crown of Hungary (also known as Stephen of Hungary Crown) is returned to Hungary from the United States, where it was held since World War II. * January 10 – Pedro Joaquín Chamorro Cardenal, a critic of the Nicaraguan government, is assassinated; riots erupt against Anastasio Somoza Debayle, Somoza's government. * January 18 – The European Court of Human Rights finds the British government guilty of mistreating prisoners in Northern Ireland, but not guilty of torture. * January 22 – Ethiopia declares the ambassador of West Germany ''persona non grata''. * January 24 ** Soviet Union, Soviet satellite Kosmos 954 burns up in Earth's atmosphere, scattering debris over Canada's Northwest Territories. ** ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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