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1	Limitation of shipowners' liability Field, Roger Francis 27 September 2023 (has links) (PDF) Consideration is given firstly to the origins of the principle of a shipowner being entitled to limit his liability to third parties who have suffered loss or injury as a result of the negligent navigation or management of his ship noting that the principle evolved as a matter of public policy designed to encourage shipping and trade. The various attempts at reaching international unity are then reviewed by way of reference to the 1924, 1957 and 1976 Conventions on Limitation of Shipowners' Liability including comment on the separate limitation regimes introduced by the Hague and Hague-Visby Rules in respect of the carriage of goods by sea. e the adoption of the principle of limitation into the South African law with the coming into force as at 1960 of the Merchant Shipping Act is then considered, it being noted here that the relevant provisions of No. 57 of 1951 reflect, rather than repeat the (then) corresponding provisions in the English law following on the adoption and enactment by that country of the 1957 Limitation Convention. The word reflect is used advisedly as South Africa is neither a signatory to nor has it adopted the 1957 Convention per se resulting in a measure of uncertainty and difficulty when it comes to the application of the relevant provisions of the Act. These provisions viz. s 261 et seq are then dealt with in some detail with consideration being given to such matters as to who may limit their liability, what ships are subject to limitation, the amounts of limitation and how these are. calculated with reference to a ship's tonnage etc. e Finally under this Part, the question of which claims are subject to limitation and which, by way of separate legislative enactment, are not subject to limitation, is examined. PART B: Pages 21 to 42 This Part is devoted to the loss of the right to limit liability with an in-depth look being taken at the meaning of the words "actual fault or privity". Here particular attention is paid to the interpretation of the personalised requirement of s 261 (whose actual fault or privity are we concerned with etc.?) and what degree of culpability the words connote. Given the dearth of reported South African cases, the approach of van Heerden Jin The "SAINT PADARN", 1986 ( being the only South African case to date dealing with the subject) is followed by way of having regard to a number of the leading English cases commencing with Lennard's case of 1915 through the well-known "LADY GWENDOLEN" case of 1965 and the "new approach" introduced. by it and beyond to the House of Lords decision in the "MARION", 1984. Shipmasters - Malpractice - South Africa
2	The actions for wrongful life, wrongful birth and wrongful conception : a comparative study from a South African perspective Hugo, Etienne de Villiers 23 August 2007 (has links) Please read the abstract (Summary) in the section 21backb of this document / Thesis (LLD (Private Law))--University of Pretoria, 2007. / Private Law / LLD / unrestricted Wrongful life south africa Medical personnel malpractice Wrongful life UCTD
3	Aanspreeklikheid van maatskappy-ouditeure teenoor derdes op grond van wanvoorstelling in die finansiële state 12 August 2015 (has links) LL.D. / Please refer to full text to view abstract Liability (Law) - South Africa Negligence - South Africa Auditors - Malpractice - South Africa
4	The law of malpractice liability in clinical psychiatry : methodology, foundations and applications Steyn, Carel Roché 11 1900 (has links) As a point of departure in this inherently interdisciplinary endeavour, the concept "Holistic Multidisciplinary Management" ("HMM") is introduced a.s a macrocosmic adaption of principles of project management. In line with HMM, a number of submissions regarding terminology and definitions in the interdisciplinary context of medicine (and particularly clinical psychiatry) and law, are made, and the foundations of medical malpractice are examined. Building on the various foundations laid, specific types of conduct that can constitute clinical-psychiatric malpractice, are addressed. A common theme that emerges in the various contexts covered, is that the psychiatrist must negotiate various proverbial tightropes, involving inter alia tensions between restraint and freedom, excessive and insufficient medication, becoming too involved and not being involved enough with clients, as well as client confidentiality and the duty to warn third parties. It is concluded that law and medicine. must work harmoniously together to establish appropriate balance. This can be achieved only if mutual understanding and integrated functioning are promoted and translated into practice. / Law / LL.M. Multidisciplinary Management (HMM) Clinical psychiatry Forensic psychiatry Medical malpractice Medical law Psychiatric malpractice Iniura Grounds for justification Negligence Pharmacotherapy Psychotherapy Abandonment Undue familiarity Client confidentiality Duty to warn 344.4121068 Clinical psychology -- South Africa Liability (Law) -- South Africa Malpractice -- South Africa
5	The law of malpractice liability in clinical psychiatry : methodology, foundations and applications Steyn, Carel Roché 11 1900 (has links) As a point of departure in this inherently interdisciplinary endeavour, the concept "Holistic Multidisciplinary Management" ("HMM") is introduced a.s a macrocosmic adaption of principles of project management. In line with HMM, a number of submissions regarding terminology and definitions in the interdisciplinary context of medicine (and particularly clinical psychiatry) and law, are made, and the foundations of medical malpractice are examined. Building on the various foundations laid, specific types of conduct that can constitute clinical-psychiatric malpractice, are addressed. A common theme that emerges in the various contexts covered, is that the psychiatrist must negotiate various proverbial tightropes, involving inter alia tensions between restraint and freedom, excessive and insufficient medication, becoming too involved and not being involved enough with clients, as well as client confidentiality and the duty to warn third parties. It is concluded that law and medicine. must work harmoniously together to establish appropriate balance. This can be achieved only if mutual understanding and integrated functioning are promoted and translated into practice. / Law / LL.M. Multidisciplinary Management (HMM) Clinical psychiatry Forensic psychiatry Medical malpractice Medical law Psychiatric malpractice Iniura Grounds for justification Negligence Pharmacotherapy Psychotherapy Abandonment Undue familiarity Client confidentiality Duty to warn 344.4121068 Clinical psychology -- South Africa Liability (Law) -- South Africa Malpractice -- South Africa
6	Aspects of banker liability : disclosure and other duties of bankers towards customers and sureties Van Rensburg, Hermanus Lourens Jansen 01 January 2002 (has links) Suretyships given in favour of banks are being challenged in the courts on the basis of equitable doctrines of unconscionable conduct, undue influence, or statutory provisions dealing with unfair conduct or unfair contract terms. This thesis is an enquiry into a bank's duties of disclosure or advice to an intending surety. Such an investigation also necessitates a study of the relationship between banker and customer, as the surety is quite often a customer of the bank as well, and, as a surety's obligation to the bank is an accessory obligation, the obligation is dependent on a valid principal obligation between the bank and the principal debtor - the customer. The face of modern banking has, however, changed dramatically and most major banks have become multi-functional. As a result, the banker-customer relationship may often be seen as a fiduciary relationship. A major problem brought about my multi-functioning banks is that of conflicts of interest between the bank and its customer. Furthermore, the banker-customer relationship is providing much more scope for lender liability than in the past. Various factors are currently having an impact on the law of contract, and this is expected to affect the legal policy makers in their assessments of whether a duty of disclosure of material facts exits or not. A surety has long been a favoured debtor in the eyes of the law, and the courts have developed a plethora of technical principles on which a surety can be relieved of his obligation. The escape routes of the surety, especially if he is a consumer as well, on the new grounds of public policy, unconscionability, good faith or unreasonableness, are growing. The results of these trends is the expected demise of suretyship as an acceptable, cheap form of debt security in the banking sector. / Jurisprudence / LL.D. Banker-customer relationship Bank confidentiality Multi-functional banking Suretyship Lender liability Duty to disclose material facts Duty to advise Good faith Boni mores Consumer protection Unconscionability 346.821068 Tort liability of banks -- South Africa Bankers -- Malpractice -- South Africa Banking law -- South Africa
7	Aspects of banker liability : disclosure and other duties of bankers towards customers and sureties Van Rensburg, Hermanus Lourens Jansen 01 January 2002 (has links) Suretyships given in favour of banks are being challenged in the courts on the basis of equitable doctrines of unconscionable conduct, undue influence, or statutory provisions dealing with unfair conduct or unfair contract terms. This thesis is an enquiry into a bank's duties of disclosure or advice to an intending surety. Such an investigation also necessitates a study of the relationship between banker and customer, as the surety is quite often a customer of the bank as well, and, as a surety's obligation to the bank is an accessory obligation, the obligation is dependent on a valid principal obligation between the bank and the principal debtor - the customer. The face of modern banking has, however, changed dramatically and most major banks have become multi-functional. As a result, the banker-customer relationship may often be seen as a fiduciary relationship. A major problem brought about my multi-functioning banks is that of conflicts of interest between the bank and its customer. Furthermore, the banker-customer relationship is providing much more scope for lender liability than in the past. Various factors are currently having an impact on the law of contract, and this is expected to affect the legal policy makers in their assessments of whether a duty of disclosure of material facts exits or not. A surety has long been a favoured debtor in the eyes of the law, and the courts have developed a plethora of technical principles on which a surety can be relieved of his obligation. The escape routes of the surety, especially if he is a consumer as well, on the new grounds of public policy, unconscionability, good faith or unreasonableness, are growing. The results of these trends is the expected demise of suretyship as an acceptable, cheap form of debt security in the banking sector. / Jurisprudence / LL.D. Banker-customer relationship Bank confidentiality Multi-functional banking Suretyship Lender liability Duty to disclose material facts Duty to advise Good faith Boni mores Consumer protection Unconscionability 346.821068 Tort liability of banks -- South Africa Bankers -- Malpractice -- South Africa Banking law -- South Africa
8	Mediation : an alternative dispute resolution in medical negligence cases Nkabinde, Fortunate Thobeka 05 November 2018 (has links) Medical negligence is a growing concern within South Africa.1 The medical environment has great potential for conflict, because even the best trained physicians can commit errors that result in medical disabilities and sometimes in death.2 The conflicts that follow from these errors are mostly fuelled by emotions and they can become very expensive and time-consuming to settle using the litigation process.3 There is a growing recognition that alternative dispute resolution (ADR) systems in healthcare may alleviate some of the financial and psychological burdens on doctors and patients involved in medical negligence disputes. Mediation is a method of ADR that is flexible and it permits the parties to the dispute to have control over the resolution. A typical medical negligence dispute is driven by intensely emotional factors on the part of injured patients. Victims are not merely seeking financial compensation but they are also looking to understand the circumstances that brought on the event at hand. They want closure. A huge issue with regard to medical negligence litigation is the manner in which the claims are resolved. Litigation provides injured patients and caregivers with a traditional platform for addressing medical negligence claims. However, due to many reasons, this system seems not to be adequate for dealing with disputes arising from alleged medical negligence. Mediation offers a promising solution to the problems surrounding redress of medical negligence disputes. / Jurisprudence / LL. M. Mediation Alternative dispute resolution Medical negligence Conflicts Legislation Litigation Compensation Root cause Insurance premiums Communication Restoration Financial burdens Psychology 347.9068 Dispute resolution (Law) -- South Africa Medical jurisprudence -- South Africa Compensation (Law) -- South Africa Liability insurance -- South Africa
9	Legal issues relating to the treatment of persons living with cancer Maimela, Charles 06 1900 (has links) Cancer is regarded as a global disease and one of the leading killer diseases in the world. The reason why cancer is so widespread and often misunderstood stems from multiple factors, namely, the lack of knowledge about cancer, unfair discrimination of persons living with cancer, inadequate or inappropriate treatment provided to patients, the stigma attached to cancer, misdiagnosis and late diagnosis of persons living with cancer, as well as the inadequate provision of screening programs to detect cancer at an early stage. The combination of these issues raises alarming medico-legal problems that merit further attention. The thesis will explore the origin, nature, philosophical and clinical aspects pertaining to cancer, as well as legal issues related to cancer and oncology. The study will conclude with recommendations aimed at mitigating and addressing the shortcomings that exist in the medico-legal framework. The study will also draw on a legal comparison of relevant South African, English and American laws and regulations. Since this thesis entails focussing on medico-legal principles, the study will draw on aspects of medical law, labour law, law of contract, law of delict, constitutional law and criminal law. / Private Law / LL. D. Cancer Breast cancer Lung cancer Liver cancer Cervical cancer Colorectal cancer Prostate cancer oncologist Oncology Human rights law Medical law Oncologist malpractice Discrimination Unfair labour practices Unfair dismissal Inherent requirements of the job Cancer registry Informed consent Negligence Unlawfulness Causation Wrongfulness Unprofessional conduct Expert witness 344.4197 Unfair labor practices -- South Africa Unfair labor practices -- Great Britain Unfair labor practices -- United States Human rights -- South Africa Human rights -- Great Britain Human rights -- United States Cancer Association of South Africa

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