When a person is injured by a domestic animal, they can sue the owner of the domestic animal without necessarily proving fault (negligence). This in law is called strict liability and the action is called the actio de pauperie. To succeed the plaintiff must prove the following: That the ownership of the animal vested in
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Fraudulent misrepresentation occurs where a person deliberately deceives or tricks another to conclude a contract. It is fraudulent misrepresentation if the representation is made knowingly, without belief in its truth or recklessly (fraudulent diligence in ignorance) (see Derry v Peek (1889) 14 App Cas 337). In Boudtich v Peel and Magill, 1921 AD, 561 (a case cited in Makhiwa
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Section 14 (4) of the Labour Act (Chapter 28:01) grants the employer the right to terminate the employment of an employee who has exhausted the sick leave prescribed in the Act or in the contract of employment if this is more favourable. Section 14 (4) provides as follows; (4) If, during any one-year period of service,
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Worldwide, most if not every country has a social security scheme providing for one or another form of compensation for work-related injuries, death and diseases. Zimbabwe has a statutory system for the payment of compensation for three work-related situations namely injury, deaths and diseases. The main statutory system is provided in terms of the National
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Suspension in employment law terms refers to a disciplinary related measure whereby an employee is sent away from work for a specific period of time with or without pay. Suspension may be of two kinds; it may be imposed either as a precautionary measure to enable the employer to carry out investigations pertaining to a
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In Zimbabwe, only a registered legal practitioner who is in possession of a valid practising certificate may practice the profession of law. The same applies to a registered notary public and conveyancer. Thus, section 9(1) of the Legal Practitioners Act provides as follows; 9(1) ‘No person other than a registered legal practitioner, registered notary public
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A code of conduct refers to a set of policies and rules for employees and employers to follow at the workplace. Often, a company uses its core values, including its mission, to guide the creation of these codes. These guidelines outline how people can appropriately interact with one another at work and defines what constitute acts
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The registration of schools is governed by the Education Act (Chapter 25:04) It provides that no person shall establish and maintain a school other than a Government school, unless it is registered. It further provides that any responsible authority wishing to establish and maintain a non-government school shall make an application to the Secretary in
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In terms of the Deeds Registries Act (Chapter 20:05) the ownership of land may be conveyed from one person to another only by means of a deed of transfer executed or attested by a registrar. A deed of transfer is therefore prima facie proof of ownership by the person whose name appears therein. In other
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The registration of births in Zimbabwe is governed by the Births and Deaths Registration Act (Chapter 5:27). Registrationis done through the giving of notice in the prescribed form primarily by the father or mother of the child. The prescribed form is the BD 1 Form and the information to be filled in this form include
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