Law Answers

Explain whether the the following charge meets the requirements of the principle of legality

A law prohibiting smoking in restaurants comes into effect on 1 January 2021. The next day, X, the owner of a restaurant lays a charge against Y because Y smoked in his restaurant on 31 December 2020

Please give two (2) practical examples of enforcement actions against violation of Intellectual Property Rights (IPR)

On 1 March 2009 Rose wrote to Violet offering to sell her shares in Vintage Sdn Bhd for RM 150,000.  On 5 March 2009, Violet wrote to Rose inquiring whether she would accept payment for the shares in four instalments. Rose did not reply to Violet’s letter.  On 25 March 2009 Violet sent a cheque for RM150,000 to Rose.  A note attached to the cheque stated that she wished to accept Rose’s offer. On 28 March 2009 Rose returned the cheque to Violet stating that Violet’s letter of 5 March 2009 had terminated Rose’s offer to sell the shares.

Violet seeks your advice whether she can sue Rose. Advise Violet.

Tina purchased a hair dryer from a retailer in his local shopping Centre called Small Appliances Pty Ltd, an incorporated company. Upon using the hair dryer Tina, sustained an electrical shock due to the hair dryer and burns to her hand. It was proved that the hair dryer that Tina bought and used from the store, was in fact recalled for an internal defect after Tin purchased it and for which she was unaware.

Advise Tina the injured party, of her rights as a consumer for the damage caused to her (if any) by using the defective hair dryer.

briefly discuss the common law principle of iustus causa or serious intention to conclude a contract

PartVoftheEducationAct,(Act.16of2001)providesfortheestablishmentof school boards in all Namibian schools. Discuss the school board as an approach to school governance in Namibia in light of the conditions of the aforementioned act. (15 marks)

Eurocentric correction and punishment

Members of Matsogo A Babereki (‘MAB’), who are employees of Excellent Appliances

(‘EA’), are engaged in a strike action to force EA to accept their demand of a 15% wage

increase. Members of Babereki Mmogo (‘BM’), who are employed by Good Logistics

(‘GL’), decide to support members of MAB and to pressurise EA to accept the demand by

members of MAB.

What type of action can members of BM use for this purpose and why? Furthermore,

discuss the requirements which members of BM should comply with for their action to be

protected under the LRA?

[10

The notion of 'state capture' has been given a strange perception in the last years in South africa. How can these affect topical developments in the country?

What are Gottfredson and Hirsch indicators of crime?