This book contains tributes to Judge Frans Malan, as well as essays on areas of the law in which he worked.
Published: August 2014
Publisher: LexisNexis South Africa
This book contains tributes to Judge Frans Malan, as well as essays on areas of the law in which he worked.
The essays in this volume disseminate original research by recognised scholars on a wide array of disciplines in which Judge Malan has an interest.
Part 1 - Biography
Francois Retief Malan by Coenraad Visser
Part 2 - Tributes
Frans Malan: a tribute to a colleague by Lex Mpati
Frans Malan, my colleague by LE Leach
Frans Malan, my colleague by PA Meyer
Frans Malan: friend and colleague by JC van der Walt
Frans Malan: scholar, colleague, friend by Derek van der Merwe
Frans Malan: a jewel of South African banking law and a true original by Patrick O'Brien
Frans Malan: his contribution to the banking industry by Willem Kruger and Francois Viljoen
Part 3 - Essays
Review of the decisions of a religious tribunal by Phillip Boruchowitz
Factual causation in delict in the wake of Lee by FDJ Brand
Shareholding in the South African Reserve Bank: a unique and awkward concept by Johann de Jager
Recent developments regarding class actions in South Africa by Wouter le R de Vos
The division of powers in a company by Piet Delport
Reflections on bills of lading and negotiable instruments by SF du Toit
In the wake of Sebola by Sieg Eiselen
Electronic verification of wire payment orders by Benjamin Geva
Improperly obtained consensus in the law of contract and the value of institutional doctrine by Graham Glover
The failure of partnership law reform in the United Kingdom by JJ Henning
Construction guarantees and the Supreme Court of Appeal (2010 to 2013) by Charl Hugo
The in duplum rule: three issues in practice by Angela Itzikowitz
Reigniting the corporate conscience: reflections on some aspects of social and ethics committees of companies listed on the Johannesburg Stock Exchange by Nereus L Joubert
Limiting exceptions to the autonomy principle of demand guarantees and letters of credit by Michelle Kelly-Louw
The trade-off between financial inclusion and financial integrity in the National Payment System by Vivienne Lawack
The ambitious and ambiguous project of a Common European Sales Law: report, critique, and perspectives by Michael Martinek
Countermanding bank and guaranteed cheques by CJ Nagel and JT Pretorius
Article 5 of the Hague Principles on Choice of Law in International Contracts by Jan L Neels
The contribution of Malan JA to the interpretation, application, and rectification of the National Credit Act by JM Otto
Policy considerations as a general element of enrichment liability by Chris-James Pretorius
Yorkshire Insurance and Malan by JT Pretorius
A South African code of electronic payments by WG Schulze
Balancing the conflicting interests of developers and purchasers in the first stage of a sectional-title development in phases by CG van der Merwe
Legal aspects of no-claim bonuses in motor-vehicle insurance by JP van Niekerk
A death knell for censorship: the reasonable man by Kobus van Rooyen
Unjustified enrichment in the context of the fraudulent manipulation of bank accounts: principle, pragmatism, and equality before the law by Daniel Visser