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18  Articles
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From the perception that the theory of punishment is underdeveloped in the libertarian thought, the author develops an approach to explain how punishment could be justified. For that purpose, defends a general theory of punishment which is retributivist/r... see more

In its 2014 decision of Bhasin v. Hrynew, the Supreme Court of Canada recognized that a duty of honest performance exists between contracting parties. Academics, practitioners, and courts across the nation have since contemplated the meaning and role of s... see more

This article explores the historical origins and development of estoppel remedies from the early English courts to the modern application of estoppel principles in Canada. The author characterizes different types of estoppel, noting their doctrinal simila... see more

Abstract- This paper examines the existence of legal as well as ethical aspects of marketing particularly in the insurance sector. The matter discussed in this paper is concerning double insurance practices whereas marketers within certain insurance compa... see more

Arbitration has witnessed significant development in recent years, and the judiciary has played an active role in its advancement through innovative interpretations, flexible reasoning, and the recognition of principles that helped fill gaps faced by arbi... see more

Trata-se de pesquisa qualitativa exploratória, de procedimento monográfico, de abordagem dedutiva, objetivando analisar as modificações implementadas pelo CPC15 nos limites objetivos da coisa julgada material, mais especificamente quanto a possibilidade d... see more

In the matter between Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd 2013 NSWSC 235 (25 Mar 2013) the Supreme Court of New South Wales had to decide on the legal difficulty arising from unpaid dividends. The Court was required to decide whether a sharehol... see more

This article focusses on an Australian piece of legislation and interesting case law, as well as on how the Federal Court of Australia has applied Australia's Corporations Act, 2001 to characterise a person as a de facto director – that is, as a professed... see more

The majority decision in Makate v Vodacom (Pty) Ltd recognises a new form of actual authority – authority by representation. However the decision is based on a misinterpretation of English law and is inconsistent with an extensive body of South African ca... see more

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