This document summarizes a university lecture on educational management and labor relations in South Africa. It discusses the nature and sources of labor relations, relevant legislation including the Constitution, Labour Relations Act, and Employment of Educators Act. It also outlines the common law principles and case law that guide labor relations. Key legislation and common law concepts are explained, with examples of how they apply to managing labor relations in educational settings.

1. Tshwane University of Technology Faculty of Humanities Department of Education Studies Educational Management (EDU401T & EDU402T) Presenter: Dr Muavia Gallie (PhD) Session 3 Week: 21 Feb - 22 Feb 2011

12. Application of Common Law Principles An essential condition/element Condicio sine qua non The person who signs a contract is bound by it and should be careful Caveat subscriptor/emptor Agreements are to be observed Pacta servanda sunt APPLICATION NORMALLY IN THE LAW OF CONTRACT Reparation of personal harm for injury to feelings Solatum/solatia/solacium A contract not to claim damages Pactum de non petendo in anticipando Against good morals that prevails in a specific community Contra bonos mores Good moral convictions that prevail in a specific community Boni mores He who consents cannot receive an injury Volenti non fit iniuria Delictual claiming of satisfaction after injuries to body, name, etc. Actio iniuriarium Delictual action or ‘Aquillian’ actionin cases of pecuniary losses Actio legis Aqquiliae In the place (instead) of a parent In loco parentis APPLICATION NORMALLY IN CASES OF THE LAW OF DELICT To act within the power or competence Intra vires To act outside the scope of one’s power Ultra vires No one is fit to judge (or witness) his own case Nemo ludex in propria causa est Let the other side (of the story) also be heard Audi alteram partem APPLICATION NORMALLY IN ADMINISTRATIVE ACTION Brief meaning Common law principle or maxim

14. Continue next week - 10.3 (p.256)

15. Thank You!