Howard v. Benson - Roper Greyell LLP
... judge excised the without notice termination provision for vagueness and concluded that the common law presumption of reasonable notice applied. The appellant appealed arguing that the judge
erred in awarding common law damages for breach of contract.
HELD: Appeal allowed. The motion judge erred in ...
Export to Word - Botswana e-Laws
... contract of employment, despite the fact that the parties did not include it. By the same token, and
given its derivative status, his family's right to be repatriated at the expense of the respondent also
forms part of the said contract. The court is of course mindful of the respondent's willingness ...
Export to Word - Botswana e-Laws
... The applicant now points at these securities and contends that the first respondent is not
entitled to proceed against his property without first realizing these securities. In the
present case, however, the applicant did not just bind himself as a surety but also as a coprincipal debtor, and expre ...
... pleas. Under and in terms of those pleas the first and second respondents
while admitting they had signed the written agreements of lease, pleaded that
each had entered into an oral agreement of partnership under and in terms
whereof one Pereira and each respondent would become partners in each
... Explore and objectively evaluate all reasonable alternatives and for alternatives which were eliminated from
detailed study, briefly discuss the reasons for their having been eliminated.
Devote consideration to each alternative in detail including the proposed action so that reviewers may
... cannot give notice.
Respondent contends that the words “termination of this agreement for
whatever reason or by whomsoever party” in clause 5 of the agreement
introduced an ambiguity into the agreement.
Firstly, in order to property interpret the effect of clause 4, it is necessary
to examine the po ...
Page 338 - Supreme Court of Canada Judgments
... The order in council referred to two proposals, a main one and an alternative one, which
the appellant had made to the Government. The alternative proposal, which was the one
given effect to, is stated in the following terms:
That an alternative proposal has, however, been made by the owners in whic ...
Supreme Court of Canada Judgments
... We are satisfied that the loss is not one which would fall within the cover provided by our
policy. As you are aware, the policy provides that cargo carried on deck is carried
thereon at the shipper’s risk. We can find nothing in the present situation to obviate this
part of the policy…
1 - MalawiLII
... arbitration proceedings, since their jurisdiction could only emanate from the agreement
between the parties. It was urged that the registration of the award could not be sustained
in the circumstances.
On the other hand, counsel for the respondent submitted that although the appellant did
not execut ...
Supreme Court of Canada Grand Trunk Pacific Coast Steamship Co
... mutual consent, to be implied from their conduct, had extended its operation. All the terms of
any such like time contracts are in law, when so extended, presumed, so far as applicable, to
govern those so acting thereunder.
I suspect if the appellant had been sued for an increased rate of wages it w ...
and - benard sande…………………………………………
... In this case the lower court upheld the divorce before the Islamic Bureau. I
however, decide to do so. As I said earlier, in this Country, under our
Constitution, a summary divorce a husband, more particularly if it is
unjustified, would not held to conform to the principles of justice, equality
... In dealing with the trust provisions in clause 8 Mr. Flynn, on behalf of the appellant, referred to the finding
of the learned Chief Justice that the first respondent was entitled to receive the property as her own free
of any restriction because there was no trustee nominated by the deceased, there ...
Minister of Police v Rabie
Minister of Police v Rabie is an important case in the South African law of delict. It was heard in the Appellate Division on September 3, 1984, with judgment handed down on September 27, 1985. The presiding officers were Jansen JA, Joubert JA, Cillié JA, Van Heerden JA and Vivier AJA. The appellant was represented by the State Attorney, Johannesburg. The respondent's attorneys were Mather & Sim, Johannesburg, and McIntyre & Van der Post, Bloemfontein.The central issue was the extent of the liability of the Minister of Police for wrongful acts committed by a policeman. In an appeal by the Minister of Police against an award of damages by the court a quo, it was contended that the sergeant's conduct had been unrelated to his police work. The Appellate Division dismissed the appeal, referring to the proposition that a master (in this instance, the State) who does his work by the hand of a servant (in this instance, the sergeant) creates a risk of harm to others if the servant should prove to be negligent or inefficient or untrustworthy. The sergeant's conduct, on the facts, had fallen within the purview of the risk created by State in employing him, and it was evident to the court that the sergeant's employment was conducive to the wrongs he committed. The State, therefore, was found to be vicariously liable for those wrongs.The case is cited most often for the following passage:It seems clear that an act done by a servant solely for his own interests and purposes, although occasioned by his employment, may fall outside the course or scope of his employment, and that in deciding whether an act by the servant does so fall, some reference is to be made to the servant's intention. The test is in this regard subjective. On the other hand, if there is nevertheless a sufficiently close link between the servant's acts for his own interests and purposes and the business of his master, the master may yet be liable. This is an objective test.This test, although frequently applied, ""has not always been followed."" In K v Minister of Safety and Security, for example, the Supreme Court of Appeal formulated the test somewhat differently, saying that the question to be asked is whether the deviation is of such a degree that it can still be said the employee is exercising the functions to which he was appointed or carrying out some instruction of the employer. When K v Minister of Safety and Security went before the Constitution Court, O'Regan complained that ""variations of the [Rabie] test have proliferated, and have resulted in uncertainty,"" and sought to remove this uncertainty by applying the test and holding its objective element, approached with the spirit, purport and objects of the Constitution in mind, to be sufficiently flexible to incorporate constitutional as well as other norms. It required the court applying it to articulate its reasoning for its conclusions as to whether there was a sufficient connection between the wrongful conduct and the employment. Thus developed, O'Regan J held, the application of the test was not at odds with the constitutional order.