African Journals Online
Journal for Juridical Science

Volume 26, Issue 2, August 2001
Abstracts

Die verhouding tussen 'n klient, sy regsverteenwoordigers en derde partye
Bobbert, M.C.J. 1-22

Abstract: The development of the contract of mandate (mandatum) between a client and his attorney as well as his advocate is discussed. Reference is also made to representation. The core of the client's privity of contract with other parties consists of mandate and representation. Customs and usages are not referred to in this article. Other key concepts are also discussed. Delegation of authority is however the focus point and is based on consensual relations. There are two agreements which must show the intention to create privity of contract (a) the mandate between client and attorney and (b) the mandate between the attorney and other parties. A case study is given the facts of which are used to analyse the legal relationship between the following parties: the client, his country and city attorneys, his advocate and also a third party who is a debtor of the client.

The good, the bad and the ugly : Contingency deductions for remarriage in the light of Ongevallekommissaris v Santam
Van der Nest, D.Nienaber, A.G. 23-40

Abstract: Where a claim for loss of support is instituted against a wrongdoer as a result of the wrongful death of a spouse who had a duty to support the surviving spouse, contingency deductions for the remarriage of the surviving spouse are made. This article examines such contingency deductions in the light of the recent case, Ongevallekommissaris v Santam. The nature of and reasons for contingency deductions are analysed, after which a legal comparative study of the position regarding contingency deductions under English law is undertaken. Lastly the practice of making contingency deductions is evaluated in the light of section 9 of the Constitution and forthcoming equality legislation.

Ontwikkeling in die Amerikaanse vennootskapswetgewing : die aanspreeklikheidsbeperkte vennootskap as 'n nuwe ondernemingsvorm
Snyman, E. 41-51

Abstract: The fact that American corporate law is in a constant process of development, is clear from, firstly, the revision of their normal law of partnership since 1986, and, secondly, the incorporation of the limited liability partnership (LLP). The LLP developed as a result of attempts by the insurance industry to impart liability to attorneys and auditors when savings and loan societies collapse. The idea of a partner in a law or audit firm being liable for millions of dollars, created the need to limit the vicarious liability of partners. The limited liability partnership was created to this end. By 1996, more than 40 states had accepted limited liability partnership provisions into their partnership legislation. The general principle accepted by these states, is that a LLP could limit or exclude the joint and several liabillity of some or all of the partners for some or all of the duties or liabilities of that partnership. The provisions incorporated into the Uniform Partnership Act of 1997, regarding limited liability partnerships, deal chiefly with four aspects, namely (i) the extent of the limitations of a partner's liability; (ii) the voting requirements of establishing a limited liability partnership; (iii) the effect of establishment of an LLP on the partnership agreement; and (iv) the requirements of annual registration or filing.