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.
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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.
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
