Archive for Feb 2009

PROMISES, PROMISES…

Don’t promise to marry someone lightly – such a promise gives rise to an enforceable engagement contract, and if you breach it without sufficient justification, you could be in for substantial damages claims – not just for any monetary loss, but also for consequences such as wounded feelings, embarrassment and humiliation. Until 1838 you could…

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COMPUTER PROGRAMS – WHO OWNS THE COPYRIGHT?

“Only one thing is impossible for God: To find any sense in any copyright law on the planet.”  (Mark Twain) Original computer source code can be worth a fortune, but who owns it – the employee who wrote it, or the writer’s employer? The answer, the Supreme Court of Appeal decided recently, is largely a…

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WARNING! SEVERE SANCTIONS FOR RACIAL DISCRIMINATION IN THE WORKPLACE

The consequences for any employer guilty of racially discriminatory practices are severe. In a recent Labour Court case, an employer was held to have unfairly determined an employee’s pay on the basis of race, and to have unfairly dismissed her for exercising her right to refer the practice to a bargaining council for conciliation. The…

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RISKY SPORTS: ARE YOU CONSENTING TO INJURY?

Before you next run onto a rugby field, leap onto your motorbike for a race, or decide to watch cricket from a stand within range of a “Sizzling Six” from Albie Morkel, bear in mind that our law will not allow a claim for loss or injury by anyone who “willingly consents to an activity…

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