School rugby is one of the most popular sports within numerous South-African public schools. Each year competition gets tougher as a result of the increase in tournaments during school holidays and the nationwide promotion of interschool tournaments. Educators as coaches of school teams carry the responsibility to not only pursue competitiveness, but also care for the safety of the school rugby players. Between 2001 and 2010, 13 of 36 players that obtained spinal related injuries ended up as quadriplegic, according to data from the Chris Burger/Petro Jackson Players’ Fund. Statistics show that serious rugby related injuries amongst school rugby players have increased, thus compromising the safety of the rugby player. These statistics add to the central theme of this study, namely educator security. Educator-coaches’ security is greatly influenced by the safety of the school rugby player. The South African Rugby Union (SARU) proceeded to follow the example of other rugby playing countries by implementing a rugby safety program. BOKSMART was launched in 2009 in conjunction with the Chris Burger/Petro Jackson Players Fund. The rugby safety program is implemented for coaches to guide them with the latest methods regarding skills and techniques for the enhancement of safer rugby. During this study similar rugby programs will be analysed and discussed to determine the effect these programs has on educator-coach safety. To understand the effect more clearly, delictual liability is discussed which is connected to an introduction of the South African legal system. The Constitution of the Republic of South Africa, education legislation and other legislation with regards to the security of the educator-coaches’ and the safety of the school rugby player is discussed. A discussion regarding the application of the law of delict is also included. During the empirical research a qualitative research method is used to determine and interpret the perceptions of educator-coaches regarding their security. If an educator- coach is confronted with legal actions, it can have a negative effect on his worklife and career. Focus is placed on educator-coaches of high school teams, while principals and sport organisers also gave their input on the subject. Findings are presented based on an analysis of the data gathered. Two important findings stood out, namely that all educator-coaches are not well acquainted with the legal aspects regarding player safety and educator-coach’s security and secondly, that there is a need to gain more knowledge regarding delictual liability, as applied to rugby coaching. / Thesis (MEd (Education Law))--North-West University, Potchefstroom Campus, 2013.

The primary objective of this diploma thesis, which focuses on the professional responsibility of auditors and tax advisors, is to provide a comprehensive view of this issue. The diploma thesis is divided into six parts. The first chapter describes general responsibility with an emphasis on professional responsibility. The second and third parts are devoted to the profession of auditors. The second chapter describes the profession of external and internal auditors in detail, and the third chapter deals with their professional responsibility, broken down into a moral and legal level of responsibility. The fourth and fifth chapters are devoted to the profession of tax consultancy, which is discussed in detail, followed by a part devoted to the professional responsibility of tax advisers. The last part of the thesis compares the professional responsibilities of the professions of auditors and tax advisors.

in English The thesis deals with the liability of the members of statutory authority of a joint-stock company in antecedent legislation and in present legislation. These legislation are compared and their differences are described. Duties of a member of statutory authority (foremost duty of care), whose violation led to commencement of obligation to compensation for damage, are characterized. Specifically the thesis deals with their obligation to pay damages and their liability for damage. These relations are analyzed not only to company itself, but also in relationship to the shareholders and third persons. Thesis contains also research of claiming damages and business judgment rule.

Liability insurance concerns an insured’s insurance of its legal liability towards a third party for the latter’s loss. This specialised type of insurance is rather neglected in South African insurance law. There is a lack of understanding of the intricacies of liability insurance and its unique challenges. This flows primarily from its complex nature as third-party insurance, which involves legal obligations between multiple parties, and a lack of statutory regulation of the distinctive contractual aspects of liability insurance. Furthermore, limited authority exists on contentious legal aspects as a result of the relatively small number of judicial decisions in this field of law. It is also evident that liability insurance constantly evolves as new grounds of liability emerge and new insurance products develop in response to the changing demands of society. The rise of consumerism and the increase in third-party claims amplify the economic significance of the law of liability insurance in South Africa. A substantial knowledge gap remains in our jurisprudence, irrespective of the recent introduction of new statutory instruments aimed at regulating insurance practice in general. These reforms have not as yet been applied critically to liability insurance, and no specialised legislation in South Africa regulates aspects of this branch of insurance as is the case with microinsurance. The focus in this thesis is on two main issues: the insurer’s duty effectively to indemnify the insured, and the insurer’s defence and settlement of third-party claims brought against the insured. As a subsidiary theme, this thesis analyses legal uncertainties that may persist during pre-contractual negotiations, the liability insurance contract lifecycle, and even after the expiry of the contract. Legal challenges can be addressed by novel and creative application of the national law. Potential solutions can be gleaned from the other progressive jurisdictions reviewed – English and Belgian law. It is evident that this research may prompt Parliament to develop specific rules and regulations for liability insurance contract law. This thesis includes a check list of some of the most important disclosure duties for procuring liability insurance cover, its operation, and claims processes. / Mercantile Law / LL.D.