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The lessor's duty of maintenance
Mini Dissertation (LLM)--University of Pretoria, 2019.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613538574401536 |
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| access_status_str | Open Access |
| author2 | Brits, Reghard |
| author_browse | Brits, Reghard |
| author_facet | Brits, Reghard |
| collection | Thesis |
| dc_rights_str_mv | © 2020 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/77441 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:44.604Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/77441 The lessor's duty of maintenance Brits, Reghard u14031800@tuks.co.za Yatt, Kelsey Jean UCTD Mini Dissertation (LLM)--University of Pretoria, 2019. This study is a general one which deals with the need to clarify the law with regard to the lessor’s duty of maintenance and to provide solutions to the necessary problems. This area of law is shown to be problematic through the analysis and evaluation of the development of case law. The cases used to show this development are Arnold v Viljoen, Steynberg v Kruger, Ntshiqa v Andreas Supermarket, Thompson v Scholtz, Mpange v Sithole, and Ethekwini Metropolitan Unicity Municipality v Pilco Investments among others. The common law is also considered specifically the exceptio non adimpleti contractus when dealing with the case law analysis. The cases furthermore indicate problematic aspects which need to be dealt with as well as aspects which have been dealt with insufficiently by the courts. The impact of certain legislative provisions on this area of law are also dealt with. These provisions are the Rental Housing Act (and regulations), the Consumer Protection Act as well as the amendments to the Rental Housing Act, which are not yet in force. Certain foreign legal systems are then analysed and compared to our legal system. This comparison is done to provide solutions and suggest improvements and alterations where necessary to the problematic aspects of the lessor’s duty of maintenance and to further illustrate the need for clarity in regard to this area of law. Mercantile Law LLM Unrestricted 2020-12-21T09:53:46Z 2020-12-21T09:53:46Z 2020/04/09 2019 Mini Dissertation Yatt, KJ 2019, The lessor's duty of maintenance, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/77441> A2020 http://hdl.handle.net/2263/77441 en © 2020 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD The lessor's duty of maintenance |
| title | The lessor's duty of maintenance |
| title_full | The lessor's duty of maintenance |
| title_fullStr | The lessor's duty of maintenance |
| title_full_unstemmed | The lessor's duty of maintenance |
| title_short | The lessor's duty of maintenance |
| title_sort | lessor s duty of maintenance |
| topic | UCTD |
| url | http://hdl.handle.net/2263/77441 |