The Current Debate on the Reversal of the Onus of Proof When Enforcing Restraint-of-Trade Agreements: Much Ado About Nothing?
Ever since South Africa became a constitutional state in 1994, a recurrent debate has been conducted in the jurisprudence and academic writing on whether the onus of proof with regard to the reasonableness of a restraint of trade should be shifted back to the party who wishes to enforce the restraint. This debate has been prompted by the express protection of the principle of freedom of trade as a constitutional value and has to a large extent been reduced to a straight shoot-out between the two public interests. This reduction is a continuation of the pre-1994 jurisprudence. This debate is examined critically.
The Constitutionality of the Onus of Proof When Enforcing Restraint-of-Trade Agreements: An Appropriate Evaluation of the Common-Law Rules
When South Africa became a constitutional state in 1994, an animated debate arose about the possible reversal of the burden of proving the reasonableness of a restraint-of-trade clause as between the parties. Only a brief summary of this debate is necessary as introduction to the current article as I critically explored it in greater detail in a previous article. The current debate was initially stimulated by the fact that freedom of trade is expressly protected as a fundamental right while pacta servanda sunt apparently is not protected at all. In this debate the outcome of the contest of strength between these two public interests still determine which party carries the burden of proof with regard to the reasonableness of a restraint inter partes.
Women and Gender in Islam: Historical Roots of a Modern Debate
PART I: The Pre-Islamic Middle East Chapter 1 Mesopotamia Chapter 2 The Mediterranean Middle East PART II: Founding Discourses Chapter 3 Women and the Rise of Islam Chapter 4 The Transitional Age Chapter 5 Elaboration of the Founding Discourses Chapter 6 Medieval Islam PART III: New Discourses Chapter 7 Social and Intellectual Change Chapter 8 The Discourse of the Veil Chapter 9 The First Feminists Chapter 10 Divergent Voices Chapter 11 The Struggle for the Future Conclusion Notes Index.