Methinks he doth protest too much - recovering unjustified payments made under duress and protest
- Authors: Glover, Graham B
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70744 , vital:29724 , https://hdl.handle.net/10520/EJC55014
- Description: The private law doctrine of duress, although mostly discussed in the context of the law of contract in South Africa, is also relevant in the law of unjustified enrichment. Where an unjustified payment or transfer of some kind has been induced by duress, in a situation where there is no contractual relationship between the parties, the aggrieved party will be entitled to reclaim the payment or transfer. The principles of enrichment law will apply in such cases.
- Full Text: false
- Date Issued: 2006
- Authors: Glover, Graham B
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70744 , vital:29724 , https://hdl.handle.net/10520/EJC55014
- Description: The private law doctrine of duress, although mostly discussed in the context of the law of contract in South Africa, is also relevant in the law of unjustified enrichment. Where an unjustified payment or transfer of some kind has been induced by duress, in a situation where there is no contractual relationship between the parties, the aggrieved party will be entitled to reclaim the payment or transfer. The principles of enrichment law will apply in such cases.
- Full Text: false
- Date Issued: 2006
Destined to come to blows?: race and constructions of “rational-intellectual” masculinity ten years after apartheid
- Authors: Vincent, Louise
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141619 , vital:37990 , DOI: 10.1177/1097184X05277694
- Description: In 1994, a democratic government came to power in South Africa for the first time in the country's history. But political transition is never a single event or moment. Rather, it is a continuous process that faces setbacks and contradictions. One of the questions we might ask about a society in transition is to what extent its gender order has changed or is changing. The present paper sets out to read the country's transformation drama through the lens of contested conceptions of South African masculinity. The article is focused on one particular version of masculinity which it terms “rational-intellectual man,” and the argument is that a legacy of racism and the persistence of racialized modes of reasoning continue to marginalise black men from this and other powerful, high-status forms of hegemonic masculinity.
- Full Text:
- Date Issued: 2006
- Authors: Vincent, Louise
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141619 , vital:37990 , DOI: 10.1177/1097184X05277694
- Description: In 1994, a democratic government came to power in South Africa for the first time in the country's history. But political transition is never a single event or moment. Rather, it is a continuous process that faces setbacks and contradictions. One of the questions we might ask about a society in transition is to what extent its gender order has changed or is changing. The present paper sets out to read the country's transformation drama through the lens of contested conceptions of South African masculinity. The article is focused on one particular version of masculinity which it terms “rational-intellectual man,” and the argument is that a legacy of racism and the persistence of racialized modes of reasoning continue to marginalise black men from this and other powerful, high-status forms of hegemonic masculinity.
- Full Text:
- Date Issued: 2006
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