Maybe the courts are not such a Bleak House after all - or please sir, I want some more copyright
- Authors: Glover, Graham B
- Date: 2002
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70841 , vital:29749 , https://heinonline.org/HOL/P?h=hein.journals/soaf119&i=101
- Description: In our advanced technological age the law of copyright faces tremendous challenges. In particular, the Internet has created serious problems for those who wish to enforce their proprietary rights, and to protect their textual (and other) creations from unregulated and uninhibited reproduction.
- Full Text: false
- Date Issued: 2002
- Authors: Glover, Graham B
- Date: 2002
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70841 , vital:29749 , https://heinonline.org/HOL/P?h=hein.journals/soaf119&i=101
- Description: In our advanced technological age the law of copyright faces tremendous challenges. In particular, the Internet has created serious problems for those who wish to enforce their proprietary rights, and to protect their textual (and other) creations from unregulated and uninhibited reproduction.
- Full Text: false
- Date Issued: 2002
May essential provisions of a contract be determined by one of the parties alone
- Kerr, Alistair J, Glover, Graham B
- Authors: Kerr, Alistair J , Glover, Graham B
- Date: 2000
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70912 , vital:29759 , https://heinonline.org/HOL/Page?handle=hein.journals/soaf117&id=211&collection=journals&index=
- Description: When the Supreme Court of Appeal raises a question but does not answer it, what it says can be interpreted as an invitation to all those interested in the topic to discuss it. This note is a response to such an invitation in NBS Boland Bank v One Berg River Drive CC, Deeb v ABSA Bank Ltd, Friedman v Standard Bank of South Africa Ltd 1999 (4) SA 928 (SCA);[1999] 4 All SA 183, hereinafter referred to as the NBS Boland Bank case.
- Full Text: false
- Date Issued: 2000
- Authors: Kerr, Alistair J , Glover, Graham B
- Date: 2000
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70912 , vital:29759 , https://heinonline.org/HOL/Page?handle=hein.journals/soaf117&id=211&collection=journals&index=
- Description: When the Supreme Court of Appeal raises a question but does not answer it, what it says can be interpreted as an invitation to all those interested in the topic to discuss it. This note is a response to such an invitation in NBS Boland Bank v One Berg River Drive CC, Deeb v ABSA Bank Ltd, Friedman v Standard Bank of South Africa Ltd 1999 (4) SA 928 (SCA);[1999] 4 All SA 183, hereinafter referred to as the NBS Boland Bank case.
- Full Text: false
- Date Issued: 2000
Mistake, financial institutions, and the contract of suretyship: Prins v ABSA Bank Ltd 1998 (3) SA 904 (C)
- Authors: Glover, Graham B
- Date: 1999
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/155985 , vital:39938 , https://heinonline.org/HOL/Page?collection=journalsamp;handle=hein.journals/tyromhldre62amp;id=488amp;men_tab=srchresults
- Description: Although the debate about contractual mistake and its theoretical foundations has evolved to the point where disagreement and contradiction has in recent times been replaced by a far higher degree of certainty and clarity (Van der Merwe and Van Huyssteen "Reasonable reliance on consensus, iustus error and the creation of contractual obligations" 1994 SALJ 679 686; Hutchison "Contract formation" in Zimmermann and Visser (eds) Southern Cross: Civil law and common law in South Africa (1996) 193), judgments dealing with the question of mistake will no doubt continue to provide interesting insights into this area of the law. Prins v ABSA Bank Ltd serves as a case in point.
- Full Text: false
- Date Issued: 1999
- Authors: Glover, Graham B
- Date: 1999
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/155985 , vital:39938 , https://heinonline.org/HOL/Page?collection=journalsamp;handle=hein.journals/tyromhldre62amp;id=488amp;men_tab=srchresults
- Description: Although the debate about contractual mistake and its theoretical foundations has evolved to the point where disagreement and contradiction has in recent times been replaced by a far higher degree of certainty and clarity (Van der Merwe and Van Huyssteen "Reasonable reliance on consensus, iustus error and the creation of contractual obligations" 1994 SALJ 679 686; Hutchison "Contract formation" in Zimmermann and Visser (eds) Southern Cross: Civil law and common law in South Africa (1996) 193), judgments dealing with the question of mistake will no doubt continue to provide interesting insights into this area of the law. Prins v ABSA Bank Ltd serves as a case in point.
- Full Text: false
- Date Issued: 1999
Good faith and procedural unfairness in contract: Eerste Nationale Bank van Suidelike Afrika Bpk v Saayman 1997 (4) SA 302 (A)
- Authors: Glover, Graham B
- Date: 1998
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/155975 , vital:39937 , https://heinonline.org/HOL/Page?collection=journalsamp;handle=hein.journals/tyromhldre61amp;id=358amp;men_tab=srchresults
- Description: "It is unlikely that Bank of Lisbon will remain the last word on the matter of good faith and contract law" (Zimmermann "Good faith and equity" in Zimmermann and Visser (eds) Southern cross: Civil law and common law in South Africa (1996) 256). These words have proved to be prophetic in the light of the recent decision handed down by the Supreme Court of Appeal in Eerste Nasionale Bank van Suidelike Afrika Bpk v Saayman.
- Full Text: false
- Date Issued: 1998
- Authors: Glover, Graham B
- Date: 1998
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/155975 , vital:39937 , https://heinonline.org/HOL/Page?collection=journalsamp;handle=hein.journals/tyromhldre61amp;id=358amp;men_tab=srchresults
- Description: "It is unlikely that Bank of Lisbon will remain the last word on the matter of good faith and contract law" (Zimmermann "Good faith and equity" in Zimmermann and Visser (eds) Southern cross: Civil law and common law in South Africa (1996) 256). These words have proved to be prophetic in the light of the recent decision handed down by the Supreme Court of Appeal in Eerste Nasionale Bank van Suidelike Afrika Bpk v Saayman.
- Full Text: false
- Date Issued: 1998