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The need to put the health of the people before the interests of imposing high tariffs and sanctions is at its peak, but are governments really going to consider this need in relation to food and medical supplies and does international trade policy cater for this?
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The principle that individual rights are outweighed in certain circumstances is well established in our law, as indicated by a number of judgments which confirm that an individual’s right to refuse being vaccinated in terms of section 12(2)(b) of the Constitution is not cast in stone.
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Covid-19: Force Majeure – a tough time to be a landlord. If landlords can’t rely on so-called “Force Majeure” clauses in lease agreements, they could rely on the common law right of “supervening impossibility to perform”and even consider business interruption insurance cover.
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The general requirements for a fair dismissal based on an employer's operational requirements are to be found in section 189 of the LRA. However, section 189A provides for specific procedures and remedies for instances of large-scale retrenchment. The similarities and differences between these two sections therefore need to be considered.
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A force majeure is generally defined as “an act of God or man that is unforeseen and unforeseeable and out of the reasonable control of one or both of the parties to a contract, and which makes it objectively impossible for one or both of the parties to perform their obligations under the contract.”
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The new normal - A pandemic presenting us with an imperative to manage commercial disputes effectively. Appropriate, adaptive dispute resolution broadens the range of services a legal practitioner can deliver with the result that he/she can address a wider range of client’s needs. This is particularly important in this era of a ‘disrupted normal’. Reliance on legal mechanisms under these circumstances is akin to using a blunt instrument to perform delicate surgery.
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The disruption caused by the global COVID-19 pandemic will have dire consequences for SMME’s, especially in the franchise sector. Franchisors need to consider measures to enable their franchisees to continue trading as “smoothly” as possible once the lockdown measures have been relaxed, while franchisees need to be compliant with their franchise agreements before expecting to receive assistance.
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Force majeure is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, plague, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract.
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COVID-19 has put the new Mediation Rule 41A of the High Court at the centre of our legal system. Attorneys are seeing their world turn upside down by social distancing and many are scrambling to understand how Rule 41A and online mediation will help them resolve their clients’ cases. However, it creates a problem-solving environment where a skilful and experienced mediator can help attorneys settle their clients’ cases or limit the issues in dispute.
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A comprehensive survey of the Covid-19 pandemic by Hennie Klopper in which he collates much of the facts and information on Covid-19 without attempting to necessarily create a strictly scientific basis for reviewing and solving the dilemma and problems that the pandemic has created. It is an exercise in appeasing a personal unease over the over-emphasis by the media and international governments of the pandemic and its projected effects and the manner that it is being dealt with.