When a person’s actions do not amount to criminal negligence under Articles 226 or 328 of the Criminal Code, or the charges are not proved beyond reasonable doubt, the...
When the court is determining whether a defendant is responsible for damages, it must establish a direct connection between cause and effect
Teachers should have a good conduct throughout their career
Teachers must hold on to the requisites of their warrant throughout their...
Teachers must hold on to the requisites of their warrant...
Can the rearing of pigeons amount to harassment?
The offence of harassment requires the principle of this offence to behave in...
The offence of harassment requires the principle of this...
Fundamental elements of the warrant of prohibitory injunction
The warrant of prohibitory injunction prevents a person or entity from doing...
The warrant of prohibitory injunction prevents a person or...
Impossibility of paying maintenance is no defence in criminal proceedings
The defence of impossibility in criminal proceedings does not eliminate criminal responsibility
The defence of impossibility in criminal proceedings does...
If the accused understands the charges, then guilty plea stands
If the accused understand that the charges he is admitting to, then that guilty...
If the accused understand that the charges he is admitting...
Contracts obtained by fraud must be of a serious nature
When one alleged that a contract was obtained by fraud, then that party must...
When one alleged that a contract was obtained by fraud,...
Court does not give weight to government rent subsidy in deciding rent increases
The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent
The Court will not take into consideration whether a tenant...
Ordinary remedies must be used before asking for a judicial review
Parties subject to an administrative decision must first avail themselves of...
Parties subject to an administrative decision must first...
If one wants to file an action for a retrial, the appropriate procedure must be used
Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure
Not any action may be used for the purposes of a retrial,...
Police must not rest on a report but investigate before issuing charges
The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the dispute is of a...
The police must not issue charges on the basis of a police...
Pretended rights charges borders on the civil law rights
Although the charge of pretended rights is a crime, it is not far off from...
Although the charge of pretended rights is a crime, it is...
Constructive dismissal takes place when employee is forced to resign against his will
When resigns not because he wants to but because of the situation he or she is found at the place of work, is termed constructive dismissal
When resigns not because he wants to but because of the...
A direct relationship establishes a juridical relationship
The involvement of a third party in a contract of works puts in doubt the...
The involvement of a third party in a contract of works...
There must be a clear understanding in a Prestanome arrangement
A Prestanome is an indirect mandate, but the parties have to be aware of its...
A Prestanome is an indirect mandate, but the parties have...
Second wife of a few months is entitled to reserved portion after the death of the husband
The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion
The law provides that the widow of a divorced husband is...
Reasonable time in criminal proceedings, is without delay
There is a distinction between civil and criminal proceedings when analysing...
There is a distinction between civil and criminal...
A fair trial includes on whether a judgement can be enforced
When examining whether there was a fair trial, a constitutional court will not...
When examining whether there was a fair trial, a...
Prescription period starts upon last entry of the account
A commercial account between two companies starts not when the order was...
A commercial account between two companies starts not when...
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