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