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| in short |

| adultery - actio iniuriarium (damages) |

 

In the recent case of Wiese v Moolman, an action for damages was instituted against Mr Moolman for adultery. Mr Moolman filed a special plea and argued that an action for damages based on adultery was incompatible with the Bill of Rights and the modern concept of marriage. The court was not asked to look into the merits of the case, it merely had to decide whether one can still sue a third party for adultery.

 

>>> Read further (full article)

 

 

Motoriste in Suid-Afrika is bewus dat met elke liter brandstof wat in sy voertuig gegooi word daar is sekere bedrag na die Padongelukkefonds (hierna die “fonds” genoem). Indien ‘n padverbruiker, hetsy ‘n motoris of voetganger, skade ly in ‘n ongeluk, kan daardie skade van die fonds geëis word.

 

Die proses wat gevolg  moet word is om ‘n eis by die fonds in te dien. Dit is die dat persone na prokureurs gaan welke hul bystaan met die liassering en formulering was so ‘n eis. Prokureurs het egter nooit fooie van hul kliënte gevra tot en met die dag waarop die Fonds die eis uitbetaa niel, welke tydstip die prokureur dan sy nodige fooie neem  soos ooreengekom met die betrokke kliënt.

 

>>> Lees verder (volledige artikel)

 

 

 

One often ponders the actual legal impact is of those bright yellow beacons placed intermittently on shopping centre floors when cleaning is in progress or when something has been spilt, with the iconic image of a man slipping and stumbling and the requisite caution – “wet floor”.

 

It would seem that these signs are indeed a necessary precaution to be taken by a supermarket owners or keepers after the Pietermaritzburg High Court ruled in favour of a claim lodged against Shoprite Checkers.

 

>>> Read further (full article)

 

 

| nowheresville |

Claims for assault with the intention to cause grievous bodily harm often arise in many different scenarios; whether it be a bar fight, domestic abuse, road rage, aggressive encounters between citizens and so on. When the matter goes to court, it is decided whether or not such conduct meets the definition of assault with the intention to cause grievous bodily harm, and thereafter whether all the relevant elements to the crime will allow the court to give a conviction of guilt.

 

>>> Read further (full article)

 

 

| rollonfriday |

| judge gives opinion in bon jovi song titles |

 

A US judge has livened up his judgement by using Bon Jovi song titles in a case brought by a football team owned by the lead singer of the band.

 

The Philadelphia Soul football team sued its former sales manager, Joseph Krause, claiming he had infringed its copyright. The team alleged that Krause had made and sold Philadelphia Soul branded championship rings after he was fired. Krause counter-claimed, alleging the team had sent an email out in his name after his dismissal and that he was owed nearly $125,000 in wages.

 

Judge Michael Baylson refused to dismiss Krause's claim and, on finding out that Jon Bon Jovi had a share in the team, decided to spice up his opinion.

 

 He started off by stating that the team "rose in a Blaze of Glory" before being "Shot Through the Heart". However, they were still "Living on a Prayer", although this case was a taste of "Bad Medicine".

 

Despite Baylson being star-struck, Bon Jovi found himself on the losing team as the judge ruled Krause could proceed with his claim. Check out the whole opinion here. 

 

(This section is made possible courtesy of RollOnFriday.com, visit them at www.rollonfriday.com)

 

 

| admin stuff |

|as boring as the small print |

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