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In Maine, USA, the interpretation of a state law involving overtime pay revolved around the use of the Oxford comma. What is the Oxford comma? The Oxford comma comes before the last item in a list of 3 or more things, usually to resolve ambiguity. This example illustrates its use: Without Oxford comma: I love my friends, Beyoncé and the Queen. With Oxford comma: I love my friends, Beyoncé, and the Queen. The confusion created…
Go to Twitter and follow @ConCourtSA for updates straight from our Constitutional Court. The court will use its presence on social media to promote openness and access to justice. Many more people will have access to information about the court. Keeping up to date with social trends and technology is a positive step that will bring increased constitutional awareness among South Africans. Congratulations to the court for embracing social media as a means to widen…
There are many opportunities in Africa because the insurance market is largely untapped.  Below are some of the legal issues you need to be mindful of when doing business in the continent. For more detail read our Introduction to insurance business in Africa: Ten things to know. 1. Jurisdiction Africa is made up of 55 states, each with their own laws.  There is a mix of civil and common law jurisdictions. 2. Regulations The…
This is our 100th blog article since kicking off in February 2014. We have enjoyed bringing you quickreads about developments in the law of financial institutions including banks and insurers. We hope you have appreciated quick access to all the news affecting you without contributing too much to your information overload. Your centurions have just begun. Keep following us and tell the world.…
India’s cabinet has approved an increase of the Foreign Direct Investment (FDI) limit for insurance from 26% to 49%. Insurance companies will still have to be locally controlled. Investment up to 26% will be automatically allowed, and investment between 26% and 49% will have to be approved by the Foreign Investment Promotion Board. The FDI limit for pension funds is also set to go up to 49%. The change in the FDI cap, contained…
Have a look at our guide on Insurance regulation in Asia Pacific – Ten things to know about 20 countries. It gives an overview and practical checklist of ten common regulatory issues in 20 Asian countries. The series looks at, for instance, whether branches of foreign insurance companies are permitted, restrictions on foreign direct investment, the controller regimes (shareholders and directors) for insurance companies, whether a notification or approval from the regulator is required upon proposed or…
Welcome to our blog. The spot on the web to get accessible legal updates. We offer local instalaw with a global perspective. We welcome your suggestions and comments. Here are 10 good reasons to read our blog. You decide how much detail you want to learn. Our posts are short, with links to further detail. Don’t fear information overload. You can subscribe to a specific section of our blog, or to all of our sections. You can…
Most definition clauses do (and should) start with the words “subject to the context” and these words are important when applying a definition. The supreme court of appeal said that definitions in an enactment (in this case a by-law) should not be slavishly applied.  Where the context requires it, the ordinary meaning of a word must give way. Definition clauses should start with the words “subject to the context” For example, the definition in the…
Even if a minor enters into a contract with the assistance of a guardian, the contract may be set aside if it is shown that it was materially prejudicial to the minor at the time it was concluded. Courts are hesitant to set aside contracts especially if they are settlement or compromise agreements. Contract may be set aside if it is shown that it was prejudicial to the minor at the time it was concluded They…