Browsing PER: Potchefstroom Electronic Law Journal by Subject "Contract"
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The legal nature of the duty of care and skill: contract or delict?
(2017)This article evaluates the legal nature of the duty of care and skill of directors. In terms of the Companies Act 71 of 2008 this duty is essentially delictual in nature. This article evaluates whether the duty is in fact ... -
Shareholder oppression as corporate conduct repugnant to public policy : infusing the concept of Ubuntu in the interpretation of Section 163 of the Companies Act 71 of 2008
(PER/PELJ, 2021)The concept of ubuntu continues to exert considerable influence on the development and the general application of post-independence jurisprudence in South Africa. While ubuntu undoubtedly permeates the interpretation of a ...