Question 1 (20 marks) “… Our courts have held that the Company Secretary is an officer of the company with extensive duties and responsibilities. Far from being a mere scribe, he regularly makes representations and enters into contracts on behalf of the company. Company Secretaries are an integral part of an organisation’s management structure and play a pivotal role in the proper governance of the company. […]
Posted: May 13, 2023
Eddy and Carl live in Benoni but decide to spend their December vacation at Umhlanga Rocks. Upon their arrival in Durban they hear that the beaches are closed as a result they are unable to swim. Eddy decides to stroll on the beach, while Carl went Mall hopping. Eddy finds a coin on the beach that is gold in colour. Assuming that the coin was […]
Posted: April 26, 2023
JC Van der Walt and Rob Midgley define a delict “in general terms [. . .] as a civil wrong,” and more narrowly as “wrongful and blameworthy conduct which causes harm to a person” (2005: par. 2). Negligence (culpa) occurs where there is an inadequate standard of behaviour. It reflects the law’s disapproval of the defendant’s conduct. The conduct is tested against what the reasonable […]
Posted: April 26, 2023
JC Van der Walt and Rob Midgley define a delict “in general terms [. . .] as a civil wrong,” and more narrowly as “wrongful and blameworthy conduct which causes harm to a person” (2005: par. 2). Negligence (culpa) occurs where there is an inadequate standard of behaviour. It reflects the law’s disapproval of the defendant’s conduct. The conduct is tested against what the reasonable […]
Posted: April 18, 2023
Read the below facts concerning the dispute between Novartis South Africa (Pty) Lt and Hiline Medical (Pty) Ltd and answer the questions raised by this set of facts. Novartis South Africa (Pty) Ltd (Novartis) is a subsidiary of a pharmaceutical drug manufacturer and supplier based in Switzerland. It operates ‘divisions’ (separate trading entities, but not companies themselves) in South Africa, which in turn supply medicines […]
Posted: April 13, 2023
