Influenced internationally through the ilo international labour organisation, division of united nations. Unit 1 the concept of law namibia university of science. 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. This edition includes a full new chapter addressing the consumer protection act 68 of 2008.
It should be the intention of the parties to conclude a suretyship. 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. The approach that i will follow in chapter 3 is based on the approach set out above. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. 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. A common example to elucidate upon this principle is found in the sale of property. In that context, a contract may be described as an agreement that the law the courts will enforce. Definition and forms of contracts the law of contract is concerned about the legal enforceability of promises.
When a breach of contract arises, the aggrieved party has the election to request specific perfor mance of the contract. Exam 2015, questions and answers law of contract pvl3702. Oxford university press, southern africa, jan 1, 2009 commercial law 400 pages. 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. On studocu you find all the study guides, past exams and lecture notes for this course. Employment laws in south africa placement dynamics. 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. 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.
A critical analysis of the role of the boni mores in the. 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. Studying pvl3702 law of contract at university of south africa. Designed to reflect the content of an undergraduate llb course, the book provides thorough. A contract can be defined as an agreement between two or more parties with the purpose to create and bind them in a commitment. The text presents fundamental principles within a clear and applied framework, and supports independent, enquiring and. Christies law of contract in south africa lexisnexis sa.
South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles. Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source. Employment laws in south africa south african labour legislation. The law of contract in south africa paperback, 3rd. 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. South african law commission unconscionable stipulations in contracts and the. Adam fletcher the role of good faith in the south african law of contract. A critical evaluation our legal categories are contingent and fluid, and. 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. In the event of agreement being reached on all outstanding matters the comprehensive contract would incorporate and supersede the original agreement. The law of contract in south africa 3e provides a comprehensive, rigorous and accessible introduction to the principles of contract law.
Two forms of these contracts are valid in south african law26. See generally christie the law of contract in south africa at 278. The law of contract in south africa 2nd edition oxford. Romandutch influence most visible in its substantive private law. The law of contract in south africa 3rd edition sherwood. In particular, it looks at the supreme court of appeal decisions which have settled or fundamentally changed the law in a. This notion of enforceability is central to contract law. Dalton, referring to american contract law, has suggested that contract doctrine. 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.
Having particular regard to the developments in consumer protection law and constitutional jurisprudence, the fifth edition of contract. Search for library items search for lists search for contacts search for a library. General principles provides a comprehensive guide to understanding the general principles of the law of contract in south africa. Pdf specific performance as a primary remedy in the. In his analysis of form and substance in the south african law of contract, cockrell relying. If, however, the parties should fail to reach agreement on the outstanding matters, then the original contract would stand. 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. The text supports learning and the development of independent academic skills through various learning features. What are employees and employers rights and obligations in terms of sick leave in south africa. Pty ltd 20102020 7th floor, mandela rhodes place, corner wale street and burg street, cape town, 8000, south africa company registration number. Cliffe dekker hofmeyr the law of contract post the 1996. This means that not all agreements between parties constitute a contract. 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. This has allowed south africa to have a rich set of contract law.
Law society of south africa, commercial litigation, 2012, page 25. Contract as an agreement intended to create enforceable obligations. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. Contract law south africa has been influenced by romandutch law of contract which has been further influenced in canon and roman laws. The debtor is automatically in mora if he does not perform by the date or time specified. 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. The law of contract in south africa dale hutchison ed. To provide the students with an understanding of the historical development of the uniquely south african law of. 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. This book introduces students to the general principles of contract law with specific application to south africa. 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. The agreement where party a binds himself to give preference to party b if he decides to conclude a specific 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. Contract law services south africa dreyer engelbrecht. The agreement to keep an offer open for a certain period of time. Christies the law of contract in south africa book, 2011. Originally published in 1981, christies law of contract in south africa is well established as a leading authority in the field of contract law. It presents a thorough and complete exposition of the general principles of the law of contract as evolved and applied by the courts. The texts concise explanation assists readers to clearly understand the nuances of the subject matter, while developing applied, critical and reflective thought. Law of contract case summaries law of contract stuvia. South african consumers a very basic guide to contracts and what they mean in our law. Specific performance is a pri mary remedy in south africa n law of contract.
Provides the case name, legal issue and the legal principle employed in the judgment. It integrates the common law, statutory law and constitutional perspectives. 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. Introduction to the law of contract the law of contract. Access study documents, get answers to your study questions, and connect with real tutors for pvl 3702. 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. The fixed system of contract freedom and with the fundamental idea of contracts that are freely closed, should be enforced.
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