As indicated above, the south african law of contract finds its origin in romandutch law but it has also been influenced to some extent by english law e. In the event of agreement being reached on all outstanding matters the comprehensive contract would incorporate and supersede the original agreement. Contract law is currently undergoing a process of thoughtful changes and renewals as they adapt to the needs of the new political era in south africa. Access study documents, get answers to your study questions, and connect with real tutors for pvl 3702. In his analysis of form and substance in the south african law of contract, cockrell relying. The law of contract in south africa dale hutchison. The south african law of contract is founded upon principles such as freedom of contract and pacta sunt servanda, concepts which emerged centuries ago. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. The debtor is automatically in mora if he does not perform by the date or time specified. It should be the intention of the parties to conclude a suretyship. When a breach of contract arises, the aggrieved party has the election to request specific perfor mance of the contract.
If there is no particular date or time specified, the debtor will have to be placed in mora by a letter of demand that permits a reasonable time. Contract as an agreement intended to create enforceable obligations. The law of contract in south africa dale hutchison ed. The law of contract states that the first step required to form a valid contract is that an offer must be formally made by one of the parties to another. This text covers the introductory legal concepts, the basic principles of commercial transactions contract law, and an introduction to relevant specific contracts credit agreement, sale, lease, agency. A contract can be defined as an agreement between two or more parties with the purpose to create and bind them in a commitment. Specific performance is a pri mary remedy in south africa n law of contract. South african contract law is essentially a modernized version of the romandutch law of contract, which is itself rooted in canon and roman laws. Originally published in 1981, christies law of contract in south africa is well established as a leading authority in the field of contract law. Influenced internationally through the ilo international labour organisation, division of united nations. In that context, a contract may be described as an agreement that the law the courts will enforce. Employment laws in south africa south african labour legislation. The approach that i will follow in chapter 3 is based on the approach set out above. The agreement to keep an offer open for a certain period of time.
South african law commission unconscionable stipulations in contracts and the. Search for library items search for lists search for contacts search for a library. The texts concise explanation assists readers to clearly understand the nuances of the subject matter, while developing applied, critical and reflective thought. Contract law south africa has been influenced by romandutch law of contract which has been further influenced in canon and roman laws. Cliffe dekker hofmeyr the law of contract post the 1996. Give a definition of the term law give a definition of labour law state the purpose of the law in general and labour law specifically distinguish between individual and collective labour law. Pty ltd 20102020 7th floor, mandela rhodes place, corner wale street and burg street, cape town, 8000, south africa company registration number. The law of contract in south africa, third edition, offers a concise, accessible and rigorous introduction to the general principles of contract law in south africa. South africa is one of the few countries in the world in which the substantive criminal law has not been set out in a single act or code. Studying pvl3702 law of contract at university of south africa. A critical analysis of the role of the boni mores in the.
A common example to elucidate upon this principle is found in the sale of property. The judgment in beadica 231 cc and others v trustees, oregon unit trust and others 2018 1 sa 549 wcc goes to the heart of the debate as to what, post the republic of south africa constitution act of 1996, constitutes the law of contract in south africa. The law of agency in south africa regulates the performance of a juristic act on behalf or in the name of one person the principal by another the agent, who is authorised by the principal to act, with the result that a legal tie vinculum juris arises between the principal and a third party, which creates, alters or discharges legal relations between the principal and a third party. Romandutch influence most visible in its substantive private law. Provides the case name, legal issue and the legal principle employed in the judgment. What are employees and employers rights and obligations in terms of sick leave in south africa. It integrates the common law, statutory law and constitutional perspectives. Introduction the basic conditions of employment act, no 75 of 1997 the bcea gives effect to the right to fair labour practices referred to in section. This book introduces students to the general principles of contract law with specific application to south africa. South africa overview of the law and enforcement regime the most important sources of criminal law in south africa are legislation, common law and case law. D 45 1 7 5 and see fryes pty ltd v ries 1957 3 sa 575 a 10 rh christie the law of contract in south africa 3rd ed at 101 illustrates the principle that the. This has allowed south africa to have a rich set of contract law. Oxford university press, southern africa, jan 1, 2009 commercial law 400 pages.
If, however, the parties should fail to reach agreement on the outstanding matters, then the original contract would stand. Exam 2015, questions and answers law of contract pvl3702. The law of contract in south africa provides a rich source of expertise and a lively and approachable introduction to the principles of contract law. The latest edition of this authoritative standard work on contract law has been updated to include the unusually large number of cases decided in the last 5 years. The law of contract in south africa 3e provides a comprehensive, rigorous and accessible introduction to the principles of contract law. The law of contract in south africa 3rd edition sherwood.
It presents a thorough and complete exposition of the general principles of the law of contract as evolved and applied by the courts. This form of breach of contract has to do with time of performance only, and not with any other aspects of the contract eg quality. This is the case in south africa in s 48 of the consumer protection act 68 of 2008, which outlaws unfair, unreasonable or unjust contract terms. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. The agreement where party a binds himself to give preference to party b if he decides to conclude a specific contract. On studocu you find all the study guides, past exams and lecture notes for this course.
Law of contract case summaries law of contract stuvia. Unit 1 the concept of law namibia university of science. This notion of enforceability is central to contract law. This edition includes a full new chapter addressing the consumer protection act 68 of 2008. This means that not all agreements between parties constitute a contract.
To provide the students with an understanding of the historical development of the uniquely south african law of. See generally christie the law of contract in south africa at 278. Adam fletcher the role of good faith in the south african law of contract. Designed to reflect the content of an undergraduate llb course, the book provides thorough. South african consumers a very basic guide to contracts and what they mean in our law. Having particular regard to the developments in consumer protection law and constitutional jurisprudence, the fifth edition of contract. Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source.
The text presents fundamental principles within a clear and applied framework, and supports independent, enquiring and. Contract law services south africa dreyer engelbrecht. Christies law of contract in south africa lexisnexis sa. The law of contract in south africa paperback, 3rd. The fixed system of contract freedom and with the fundamental idea of contracts that are freely closed, should be enforced.
Dalton, referring to american contract law, has suggested that contract doctrine. The text supports learning and the development of independent academic skills through various learning features. Two forms of these contracts are valid in south african law26. Pdf specific performance as a primary remedy in the. Law society of south africa, commercial litigation, 2012, page 25. South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles. A critical evaluation our legal categories are contingent and fluid, and. Employment laws in south africa placement dynamics. Introduction to the law of contract the law of contract. In particular, it looks at the supreme court of appeal decisions which have settled or fundamentally changed the law in a. The law of contract in south africa 2nd edition oxford. South african contract law is essentially a modernized version of the roman dutch law of contract, which is itself rooted in canon and roman laws. General principles provides a comprehensive guide to understanding the general principles of the law of contract in south africa. Christies the law of contract in south africa book, 2011.
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