Category:Legally Speaking

17th Aug 2020

Lessons for SA from the UK – occupational diseases compensation

Lessons for SA from the UK – occupational diseases compensation 17th Aug 2020 Compensation for occupational diseases should, in general, be handled the same...

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2nd Jul 2020

Volenti non fit injuria

There was a time employees who were injured at work were unsuccessful if they attempted to obtain compensation by suing their employers. Dr Albert...

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24th Apr 2020

What can South Africa Learn from UK Developments?

The workplace is a complex environment in more ways than most people might think. Various factors operate synergistically or in isolation to produce undesirable...

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26th Feb 2020

Workmen’s compensation and volunteers

Are volunteer emergency responders – such as a firefighters – entitled to claim compensation if they are injured on duty? ALBERT MUSHAI and ROBERT...

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15th Jan 2020

Injury compensation: SA versus UK

To better understand the challenges of providing compensation to injured employees, Albert Mushai and Robert Vivian compare a compensation court case in the United...

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18th Oct 2019

The illegality principle and claims for damages

Albert Mushai and Robert Vivian argue that without a specific clause in an insurance contract that excludes liability of the insurer for claims under...

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21st Aug 2019

Is workmen’s compensation a social welfare phenomenon?

Dr Albert Mushai and Professor Robert W Vivian argue that workmen’s compensation probably has little to do with social welfare Workmen’s compensation is usually...

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19th Jun 2019

Silicosis compensation: whose problem is it?

Evidence suggests that trusts do not provide the best solutions to the problems of compensation for occupational diseases – especially when dealing with the...

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26th Feb 2019

Product recall and liability of manufacturers in class-action lawsuits

With the Tiger Brands listeriosis outbreak still fresh in our minds and now the centre of a class-action lawsuit, it’s pertinent to study a...

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25th Oct 2018

Vicarious Liability and the Demise of Independent-Contractor Defence

As far as employers are concerned, the liability they incur towards third parties invariably involves the doctrine of vicarious liability. However, the nature of...

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