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