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Joubert V Enslin
''Joubert v Enslin'' is an important case in South African contract law, heard in the Cape Town Appellate Division on July 8, 9, and 22, 1910. Golden rule of interpretation The case is famous primarily for its articulation of the fundamental precept of contractual interpretation in South Africa: The golden rule applicable to the interpretation of all contracts is to ascertain and to follow the intention of the parties; and, if the contract itself, or any evidence admissible under the circumstances, affords a definite indication of the meaning of the contracting parties, then it seems to me that a Court should always give effect to that meaning. Effect must be given, in other words, to the parties' common intention: "that is to say, to what both of them intended upon entering into the contract, and not to what the one or the other had in the back of his or her mind." This dictum suggests that the courts take a "factual or historical-psychological approach to interpretation, i.e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Contract Law
South African contract law is "essentially a modernized version of the Roman-Dutch law of contract",Du Plessis, et al. p.11. and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which persons can transact business and exchange resources, secure in the knowledge that the law will uphold their agreements and, if necessary, enforce them. The law of contract underpins private enterprise in South Africa and regulates it in the interest of fair dealing. Nature A contract in South Africa is classified as an obligationary agreement—it creates enforceable obligations—and ought therefore to be distinguished from liberatory agreements (whereby obligations are discharged or extinguished; e.g. release, novation), real agreements (whereby rights are transferred; e.g. cession, conveyance), and family law agreeme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1910 In South Africa
The following lists events that happened during 1910 in South Africa. Incumbents Cape Colony * Cape Colony#Governors of the Cape of Good Hope (1797–1910), Governor of the Cape of Good Hope: Henry Jenner Scobell, Maj Gen Henry Scobell (acting) (until 30 May). * Cape Colony#Prime Ministers of the Cape of Good Hope (1872–1910), Prime Minister of the Cape of Good Hope: John X. Merriman (until 30 May). Natal * Colony of Natal#Governors, Governor of the Colony of Natal: Paul Methuen, 3rd Baron Methuen, The Lord Methuen (until 30 May). * Colony of Natal#Prime Ministers of the Colony of Natal (1893–1910), Prime Minister of the Colony of Natal: Frederick Robert Moor (until 28 April). Orange River Colony * Governor of the Orange River Colony: Hamilton Goold-Adams, Sir Hamilton Goold-Adams (until 30 May). * Prime Minister of the Orange River Colony: Abraham Fischer (until 30 May). Transvaal * Governor of the Transvaal Colony and High Commissioner for Southern Africa: William Palmer, 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black Sou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 for h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 repo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saambou V Friedman
''Saambou-Nasionale Bouvereniging v Friedman'' 1979 (3) SA 978 (AD), sometimes called ''Saambou v Friedman'',Leonard Gering. Handbook on the Law of Negotiable InstrumentsSecond Edition Juta & Company. 1997. p xiii and xxii. was a landmark decision in the Appellate Division of the Supreme Court of South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring count ..., with crucial implications for contract in that country, as Jansen JA accepted the reliance theory into Law of South Africa, South African law, citing ''Smith v Hughes''. References *Saambou-Nasionale Bouvereniging v Friedman 1979 (3) South African Law Reports, SA 978 (AD), on appeal from Saambou National Building Society v Friedman 1977 (3) SA 268 (W) *Dale Hutchinson. "Contract Formation". Zimmermann and Visser (eds). Southe ... [...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 repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1910 In South African Law
Year 191 ( CXCI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Apronianus and Bradua (or, less frequently, year 944 ''Ab urbe condita''). The denomination 191 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 Parthia * King Vologases IV of Parthia dies after a 44-year reign, and is succeeded by his son Vologases V. China * A coalition of Chinese warlords from the east of Hangu Pass launches a punitive campaign against the warlord Dong Zhuo, who seized control of the central government in 189, and held the figurehead Emperor Xian hostage. After suffering some defeats against the coalition forces, Dong Zhuo forcefully relocates the imperial capital from Luoyang to Chang'an. Before leaving, Dong Zhuo orders his troops to loot the tombs of the Han ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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