Articles

THE NON-NEGOTIABLE FICA COMPLIANCE
The Non-Negotiable FICA Compliance
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How Does Consumer Protection Law Operate in the Online Space?
1. INTRODUCTION Gone are the days where the sole consumer interaction was premised on the customer salesman store relationship. The evolution of consumerism has drastically changed due to the growth of the internet and the eruption of online shopping which has seen a paradigm shift in the way consumers ...
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Refusal of Appointment due to Overrepresentation of a Specific Race Group in Terms of the Solidarity OBO Barnard Case
1. SOLIDARITY OBO BARNARD 1.1.1. Facts Barnard was a white female that was employed as a constable for the South African Police Service (‘SAPS’) from 1989. She served many years in service. In 1997 she was promoted to become a captain and was later transferred to another branch. She ...
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Which Court will Reign Supreme: The Law of Contract, fairness, good faith, ubuntu and pacta sunt servanda. Will traditional laws outweigh constitutional values?
INTRODUCTION The law of contract involves the private contractual dealings between individuals. Although Judges interpret contracts using existing rules of law, they do not have the power to amend them to an extent that it creates a new contract in its entirety. Judges cannot create contracts for individuals or ...
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Restraint of Trade or Restrain of Freedom to Trade? An analysis of the concept of restraint of trade clauses and unequal bargaining power in employment contracts.
INTRODUCTION A restraint of trade is a provision that is usually contained in an employment contract which restricts the employee from working, practicing, performing work or trading in the same and / or similar field as their former employer for a prescribed period of time and within a specified ...
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The sale of shares in execution
Will a Creditor be able to recover monies from a Debtor by means of Judicial attachment of shares? First, one needs to understand what a share legally means. A “share” is the proprietary interest that a person holds in a company, which is the incorporeal right of the holder. ...
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