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Prof MM Loubser
BComm LLB (Stell) DPhil (Oxon)
mml@sun.ac.za
Fields of Specialisation:
Law of delict generally; strict liability; unlawful competition; financial regulation of credit transactions
Modules taught:
Law of delict
Credit and regulation of financing
Unlawful competition
Curriculum Vitae »
Publications:
Prescription:
- Book: Extinctive Prescription (1996); various articles..
Law of delict generally:
- Chapter on Unlawfulness in the South African Law of Delict: Focus areas in the debate. In Vita perit, labor non moritur Liber memoralis: PJ Visser, LexisNexis Butterworths, Durban, SA 2008 : 117 - 143;
- Chapter on South African law of delict in Kluwer publication Introduction to South African Law (editors CG van der Merwe of the University of Aberdeen and JE du Plessis of the University of Stellenbosch), 2004;
- Article "Laster: Waarheid en Bewyslas" (Defamation: Truth and onus of proof) in 14 (2003) Stell LR 364-376.
Unlawful competition and related areas of intellectual property law:
- Quarterly contributions since 2002 on developments in the South African intellectual property law, in the Australian journal Intellectual Property Forum, published by and constituting the official journal of the Intellectual Property Society of Australia and New Zealand.
- Article "Principles and Policy in Unlawful Competition: An Aquilian Mask?" in 2000 Acta Juridica 168-195.
Strict Liabiltiy:
- Co-author (with Elspeth Reid of the University of Edinburgh) of the chapter on strict liability in "Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa" (editors: Reinhard Zimmermann, Kenneth Reid and Daniel Visser, 2004);
- Co-author (with Elspeth Reid of the University of Edinburgh) of article "Vicarious liability for intentional wrongdoing in South Africa and Scotland" 2003 Juridical Review 153-171;
- Co-author (with Elspeth Reid of the University of Edinburgh) of article "Liability for products in the Consumer Protection Bill 2006: A comparative critique", published in Stellenbosch Law Review, Vol 17 No 3 (2006).
Sport and the law:
- Co-editor and co-author of book Sport and the Law in South Africa (Loose-leaf, Butterworths (2000); contributor of the chapters "Liability for Injuries in Sport" and "Sport and Competition Law";
- Edited and contributed to subsequent annual updates.
Language and the law:
- Article "Linguistic Factors into the Mix: The South African Experience of Language and the Law", 78 Tulane Law Journal (2003) 105, based on a paper delivered at the Conference on Mixed Legal Systems, Tulane University, New Orleans, in November 2002.
Financial Regulation of credit Agreements:
- Article: "Capitalisation of Interest", in European Contract Law - Scots and South African Perspectives, edited by Hector MacQueen and Reinhard Zimmermann (2006) 331-366;
Miscellaneous:
Article: "Lord Denning" in 12 (2001) Stellenbosch Law Review 3;
Selected Conferences, Papers:
- Trade Law Centre for Southern Africa (TRALAC) Conference, Windhoek, Namibia, 2001: "Appropriate protection for Intellectual Property Rights for Countries in Southern Africa"
- Congress of die International Academy of Comparative Law, Brisbane, 2002: "Copyright and the Information Society: Report on South Africa";
- Conference on Mixed Legal Systems, Tulane University, New Orleans, 2002: "Linguistic Factors into the Mix: The South African Experience of Language and the Law";
- Conference on European Contract Law: Scottish and South African Perspectives, Edinburgh 2004: "Capitalisation of Interest";
- Invited participant in seminar on Personality Rights and the actio inuriarum - Strathclyde University, Glasgow 4-6 May 2006;
- XVII Congress of die International Academy of Comparative Law, Utrecht, 16-22 July 2006: Report on South Africa: Session on Pure Economic Loss;
- Invited participant in Conference on Unlawfulness in the Law of Delict, Bloemfontein, February, 2008;
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