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About Max Rainer

Author ArchiveMax Rainer

The legal standing of commissions of enquiry

Introduction  Today, one often hears the term, Commission or Commission of Inquiry, whether it be the “Zondo Commission” (on state capture) or numerous other references in the news. What is often less clear, however, is what the term “Commission” or Commission of Inquiry actually means and what the associated implications are. This article will briefly […]

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3D printing

ENAC: Can a party withhold their own performance where the other party has failed to perform?

Introduction It is a well-established principle in South African Law of contract that a party’s obligations are reciprocal, in the majority of contracts concluded. The question is, can a party refuse to perform their contractual obligations on the basis that the other party has not performed properly? To illustrate, by way of a simple example, […]

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mental health

What is business rescue?

Introduction As businesses frequently encounter more and more financial difficulties, business rescue has become an increasingly more frequent occurrence. However, it is essential to understand the nature of business rescue and the implications thereof. This article will attempt to give a brief and broad overview of business rescue.  What is Business Rescue? Business rescue is […]

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Labour law false allegations

Labour brokers and temporary employment services: what are they?

Introduction It has long been common practice for employers to make use of so-called employment agencies or temporary employment services (“TES”). Typically, this is where an employer would approach a third party to supply temporary or short-term employees for a specific period or project. This article will explore the relationships between the various parties in […]

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Contracts

Contracts and The Passing of Risk

  Introduction It is often the case that when parties conclude a contract of sale, that the time manner and place of delivery can vary. It is therefore important to regulate which of the parties will bear the risk prior to delivery and under what circumstances. One such tool for this regulation is a distribution […]

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