Legally Speaking


Legally Speaking

Our regular columns and sections are all contributions from leading industry figures.

16th Apr 2021

The case of Covid-19 vaccines

The case of Covid-19 vaccines 16th Apr 2021 In light of some concerns with Covid-19 vaccines, Professor Robert Vivian and Dr Albert Mushai discuss...

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24th Feb 2021

The devil is in the detail

The devil is in the detail 24th Feb 2021 When businesses went into lockdown, as part of the measures by governments to contain the...

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8th Oct 2020

Covid-19: exposing legal risk in insurance

Covid-19: exposing legal risk in insurance 8th Oct 2020 Insurance markets worldwide operate on the basic premise that insurers know the risks for which...

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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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24th Aug 2018

Resolution of the silicosis class action

Litigation is not an efficient way of dealing with the matter of occupational disease. We have previously dealt with two occupational health matters. The...

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26th Jun 2018

Silicosis litigation – the settlement

With an out-of-court settlement taking place recently, the time is right to resolve the question of compensation for occupational diseases. We have previously discussed...

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