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Amler’s Pleadings 10th Edition

The purpose of pleadings is to define the issues for the other party and the trial court and for any court of appeal. The duty of those courts is to adjudicate upon the disputes and those disputes alone.

Publication Language: English
eBook
R2,116.00
Quantity
In Stock
ISBN/ISSN: 9780639016337

Product description

The purpose of pleadings is to define the issues for the other party and the trial court and for any court of appeal. The duty of those courts is to adjudicate upon the disputes and those disputes alone.

Featuring well-crafted sample pleadings which provide clarity to complex litigation matters, the work emphasises the essential allegations for various causes of action and defences and the incidence of the burden of proof. Defences are analysed and discussed, with authorities cited after each proposition. Concise explanatory notes are included which set out the law as applied by - and developed in The courts.

Dive into insightful analysis and discussion of defences, supported by authoritative references for each proposition. Clear notes demystify the evolving court precedents and legal principles.

If you're a litigator seeking a competitive edge, Amler's is an indispensable tool in your arsenal. Simplify your drafting tasks and enhance your pleadings with this must-have resource.

In the Tenth edition, the authors have a greater awareness of the Constitution and the jurisprudential work of the Constitutional Court and the Supreme Court of Appeal. A further important aspect is that the authors reassessed and identified the practical impact of constitutional principles on certain common-law principles.

 

Featured Authors

Table of contents

Topics

Account and debate of profit

Accountants and auditors

Actio ad exhibendum

Actio aquae pluviae arcendae

Actio Pauliana

Admiralty claims

Agency

Agency: Estate agents

Alienation of land

Animals: Actio de pastu

Animals: Actio de pauperie

Animals: Wild animals

Arbitration

Architects

Arrest and detention

Assault

Attachment and execution

Attorneys

Auctions

Banks

Breach of contract

Bribery

Carriers

Cession

Cheques

Choice of action

Citation of parties

Close corporations

Co-debtors

Companies

Compromise

Condictio furtiva

Condictio indebiti

Condictio ob causam finitam

Condictio ob turpem vel iniustam causam

Condictio sine causa

Confidential information

Constitutional issues

Construction contracts (letting and hiring of work)

Consumer protection

Contract

Contract: Breach

Contract: Cancellation

Contract: Conditions

Contract: Damages

Contract: Illegal contracts

Contract: Damages

Contract: Impossibility of performance

Contract: Specific performance

Contract for the benefit of third parties (stipulatio alteri)

Conventional penalties

Copyright

Credit agreements

Custom and customary law

Damages: Apportionment

Damages: Delictual damages

Deceased estates

Declaration of right

Defamation: Claims

Defamation: Defences

Delict

Deposit (depositum)

Designs

Divorce

Donation

Duress

Election

Electricity

Employment contracts

Encroachment

Engineers

Enrichment

Estoppel

Eviction

Exceptio non adimpleti contractus

Exchange

Expropriation

Fiduciary relationship

Fraud

Iniuria

Injurious falsehood

Insolvency

Insurance

Interest

Joint ownership

Joint wrongdoers

Judgments: Foreign judgments

Judgments: Setting aside

Jurisdiction

Lateral support

Lease

Lex Aquilia

Lien

Lis alibi pendens

Loan for use (commodatum)

Leases

Loans

Locus standi

Loss of support

Malicious proceedings

Medical and dental practitioners

Mental incapacity

Misrepresentation: Innocent misrepresentation

Misrepresentation: Negligent misrepresentation

Mistake (error)

Mora

Negligence

Negligence: Contributory negligence

Negotiorum gestio (unauthorised administration)

Novation

Nuisance

Occupational injuries

Options

Ownership

Parties

Partnerships

Passing-off

Patents

Payment

Pleadings

Pleadings: Counterclaims (claims in reconvention)

Pleadings: Declarations

Pleadings: Exceptions

Pleadings: Interpleaders

Pleadings: Pleas

Pleadings: Prayers

Pleadings: Replication and further pleadings

Pleadings: Special pleas

Pleadings: Stated case

Pledge

Police

Pre-emption

Prescription: Acquisitive prescription

Prescription: Extinctive prescription

Promissory Notes

Privacy

Professional liability

Provincial and local authorities

Quantity surveyors

Ratification

Rectification

Rei vindicatio

Repudiation

Res iudicata

Restraint of trade

Road accidents

Roads: Right of way

Roads: Way of necessity (via necessitate)

Sale

Sale: Latent defects

Sale: Warranty against eviction

Sale of land on instalment

Set-off

Simulated transactions

Spoliation

State liability

Statutory authority as a defence to a claim for damages

Statutory duty or authority: Breach

Statutory provisions

Suretyship

Tender by a defendant

Tender by a plaintiff

Tender in ‘full and final settlement'

Third-party procedure

Trade marks

Trespass

Undue influence

Unlawful competition

Usury

Veld fires

Vetustas

Vicarious liability

Vindication

Volenti non fit iniuria

Voluntary associations

Waiver

Water

Wills

Table of cases

Table of statutes

Index