ATTEMPTED CIRCUMVENTION OF ADDO NATIONAL PARK’S EXPANSION – BLATANT MANIPULATION BY OFFICIALS OF THE LAND-REFORM (REDISTRIBUTION) PROGRAMME AND WANTON DISREGARD OF SOUTH AFRICAN NATIONAL PARKS’ CONTRACTUAL RIGHTS: SOUTH AFRICAN NATIONAL PARKS V ADDO AFRIQ

The focus of the Provision of Land and Assistance Act 126 of 1993 is on land reform. It aims to ensure the beneficial use, development and improvement of land as referred to in the Act, contribute to bring about poverty alleviation, promote economic growth, and empower historically disadvantaged persons. However, this Act has recently been manipulated in order to develop a luxury tourist facility. In South African National Parks v Addo Afrique Estate (Pty) Ltd (1201/2010) [2011] ZAECGHC 40, the Eastern Cape High Court had to decide on the applicability of the Act on a luxury tourist development, as well as on the requirements for an interim interdict and the rights acquired through a right of pre-emption.

Modern theories of economic development: social aspects

The article examines modern theories of economic development in the context of social aspects. The aim of the study is to generalize the social aspects of modern economic theories of development to determine the trajectory and possible directions of social policy. The essence and evolution of models of economic development according to the concepts of welfare are determined. Many well-known foreign researchers are interested in the causes of the wealth of some nations and the poverty and decline of others. Thus, D. Acemoglu and J. Robinson proved that the main condition for achieving the well-being of nations are economic institutions – rules that determine the social efficiency of the economy, incentives and motivations of people, rather than natural and geographical factors. Norwegian A. Reinert believes that rich countries have become rich through a combination of government intervention, strategic investment and protectionism, rather than free trade. American economist M. Olson pointed to the role of private property, taxation, public goods, collective action and contractual rights in economic development. N. Rosenberg and L. Birzdel, A. Sen, E. Duflo and A. Banerjee emphasize that the only issue they focus on is how to increase the material well-being of people, which is measured by the presence of most opportunities to choose and shape the quality of their own lives, to fight not with the consequences of poverty, but with its causes, that is, starting with public education, basic medicine and hygiene. New theoretical approaches to the interpretation of social factors of economic development and social transformations in Ukraine have also been formed in the works of Ukrainian researchers. It is established that a prerequisite for the successful development of the national economic system is to ensure the priority of man, education, health care, environmental protection, which, in turn, stimulate significant economic potential and long-term prosperity of society.

Assignment, Sub-Letting, the Contracts (Rights of Third Parties) Act 1999 and Collateral Warranties

This chapter explores assignment, which denotes the transfer of contractual rights from one party to another. It explains how there can be no assignment of the burden of a contract without the consent of the other contracting party. This chapter also looks at sub-letting, the Contracts (Rights of Third Parties) Act 1999 and collateral warranties.

Responsibilities of Controllers and Processors of Personal Data in Clouds

This chapter outlines the roles and responsibilities of controllers and processors of personal data in clouds. The realisation of the rights of data subjects whose personal data are processed in cloud computing environments depends, in large part, on whom they may be exercised against. The concepts of 'controller' and 'processor' play a crucial role in this respect since they determine who is responsible for compliance with the core obligations set out in the General Data Protection Regulation (GDPR). The chapter then addresses the fundamental question of what constitutes a controller or processor and looks at the circumstances in which two or more controllers may be characterised as joint controllers. It considers the contractual rights and obligations of controllers and processors. The chapter also analyses the allocation of responsibility for compliance with a range of GDPR obligations, including security, breach notification requirements, requirements relating to Data Protection Impact Assesments (DPIA), consultations with data protection regulators, record-keeping, and audits. Finally, it examines the role of Data Protection Officers (DPO) and at the role of supervisory authorities in enforcing compliance with the GDPR.

JC Smith's The Law of Contract

Driven by exposition of the leading cases, JC Smith’s The Law of Contract offers the perfect balance between accessibility and authority. The strong focus on cases guides the reader through the intricacies of contract law with expert analysis ensuring key points are clear. The text begins with an introduction to contractual rights and duties. It looks at objectivity in contract law, the formation of bilateral and unilateral contracts, contract as agreement, offeror and offeree, estoppel, legal relations, and the role of third parties. It also considers the terms of the contract, interpretation of the contract, implication and rectification, and exclusion clauses and unfair terms. It goes on to look at issues such as duress, undue influence, good faith, capacity, illegality, contractual assumptions, breach of contract, remedies and damages, and remedies beyond compensatory damages.

“THE DEATH” OF CONTRACTS AS A RESULT OF VOIDING: VOID OR VOIDABLE?

Parties conclude a contract for creation and termination of contractual rights and obligations as the existence of a contract ensures parties to face unexpected situations. A valid contract means it is legally binding and enforceable and the formation of a legally binding contract must entail some essential and basic elements. But in some cases, even though the contract meets all basic elements for its validation it can be invalid. If a contract is invalid, it will be annulled from the very beginning, therefore the invalidity has a retroactive effect. Some defects render a contract void, while others make it voidable. This article clarifies types of invalid contracts on the basis of the element of dispute, main characteristic features of void and voidable contracts, dispute period in invalid transactions and grounds that lead to voiding a contract. Key words: defects, the death of contracts, void contracts, voidable contracts, invalidity, grounds for voiding

Implementing a Mutual Profit and Loss

Chapter 14 records how Mars is seeking to implement a mutual profit and loss (P&L) statement in its management accounts. It is being used to align the management systems of Mars with its purpose and signal to the business that performance in terms of human, social, and natural capital is as important as financial performance. The mutual P&L reflects that the boundary of the firm should not be restricted to its legal and contractual rights and obligations but should also embrace the ecosystem that is relevant to the delivery of its purposes. It includes expenditures in the ecosystem as part of its activities and crucially recognizes these as investments not just current operating expenditures where they contribute to human, social, and natural capital as well as material and financial capitals. In line with traditional accounting methods, it values these investments at cost not at market values.

Privity: Rights, Standing, and the Road Not Taken

Privity is generally understood as a rule comprising a burdens limb and a more controversial benefits or ‘rights’ limb. This rendition of privity is too simplistic. Privity has multiple aspects, but its underlying complexity has been obscured by an overwhelming focus on ‘rights’, explaining in part the persistent unclarity plaguing the area. In this article, I argue that an elision of concepts has hampered our understanding of privity and its reform. The literature on contractual rights to performance and secondary rights to damages for their breach is legion. By contrast, standing, as a separate and distinct concept, has been overlooked. These are concepts that need to be more clearly differentiated. While not a panacea to resolve all issues, it is a necessary step to a firmer handle over the distinct issues at stake, and to opening up a novel angle to privity reform—third-party standing—the road not taken.

Governing Collaborative Project Delivery as a Common-Pool Resource Scenario

When collaborative project delivery models such as integrated project delivery (IPD) combine project resources, share decision-making rights, and distribute risk-and-reward among participants, the project can be conceptualized as a common-pool resource scenario. Multiple project appropriators have contractual rights to withdraw units from the shared resource system (i.e., the project budget). This theorization suggests project managers avoid the tragedy of the project by crafting effective self-governance structures in the face of pluralism. Using IPD as an example, this article suggests these project governance structures reflect Ostrom’s design principles for the successful governance of long-enduring common-pool resource scenarios.

The Concept Of Unfair Contract Terms

The article explores the concept of «unfair terms contract terms» through the analysis of its origin and fixing in the legislation and legal literature of the European Union, Ukraine and the United States. Comparisons of interpretations of this concept according to Directive 93/13/EEC, Model Rules of European Private Law, The Uniform Commercial Code, as well as the Law of Ukraine «On Consumer Protection». In the article author notes that the definition of unfair terms of the contract is a complex symbiosis of material and procedural, a combination of justice and dishonesty, comparison of signs of «imbalance of interests» and «significantly disadvantaged» and therefore at this stage of civil law is not can be defined unambiguously. It is investigated that the modern civil legislation of Ukraine is still in solidarity with the legislation of most EU member states in terms of introducing this concept primarily to protect consumer rights. Regarding the definition of «unfair terms», author notes that Ukrainian legislation follows common legal trends and recognizes unfair terms when they violate the principle of good faith and fairness, as well as when they lead to a significant imbalance of contractual rights and obligations of the parties and harm the consumer. As a result, it was found that in general the concept of «unfair terms» is evaluative and can not by its very nature reflect the motives laid down in the contract by one or another party. The Court of EU and the courts of the EU member states do not give general conclusions on a case-by-case basis, using the definitions contained in the text of Directive 93/13/EEC, which set out the conditions that may be considered unfair. Author proposes to use the sign «significantly unfavorable position» proposed by A.A.Leff to define the concept of «unfair terms of the contract», as it will improve the protection of the interests of the economically weaker party in the contract.