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The Interpretation Act [4] defines it as "any law, proclamation, ordinance, Act of Parliament or other enactment having the force of law." [5] The Constitution of South Africa, which has the force of supreme law, [5] and as such sets the standards and requirements for the construction and construal of statutes, also provides a definition of ...
2. A performance or return promise is bargained for if it is sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise. 3. The performance may consist of an act other than a promise, or a forbearance, or the creation, modification, or destruction of a legal relation. [1]
The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings.
The first category is known as an "act in public form" (Fr act en minute, Du minuutakte, It atto conservato, Ger urschriftliche Urkunde, Sp acta protocolar), and is the preserve of notaries-at-law. Public form acts may take the form of a record of some activity which is intended or required to have evidentiary status, legal or administrative ...
The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. [1] JC Van der Walt and Rob Midgley define a delict 'in general terms [...] as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. [2]
Law is an ordinance of reason because it must be reasonable [4] or based in reason and not merely in the will of the legislator. [5] [6] It is for the common good because the end or telos of law is the good of the community it binds, and not merely the good of the lawmaker or a special interest group. [4]
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But to be a valid rule, the legal system of which the rule is a component must, as a whole, be effective. According to Hart, any rule that complies with the rule of recognition is a valid legal rule. For example, if the rule of recognition were "what Professor X says is law", then any rule that Professor X spoke would be a valid legal rule.