I formation of a contract ii contents of a contract iii the end of a contract i formation of a contract 1. 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. Studying pvl3702 law of contract at university of south africa. In that context, a contract may be described as an agreement that the law the courts will enforce. Contractual terms which are not in accordance with the constitution, will not be enforceable. Dispute resolution matters aug 20 cliffe dekker hofmeyr. The publication comprises different chapters, which include. By studying the presented theoretical principles you will learn how to confidently interpret contracts, taking the guesswork out of.
Access study documents, get answers to your study questions, and connect with real tutors for law pvl 3702. 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 2012 2nd edition. In particular, it looks at the supreme court of appeal decisions which have settled or fundamentally changed the law in a number of areas. When a breach of contract arises, the aggrieved party has the election to request specific perfor mance of the contract. It presents a thorough and complete exposition of the general principles of the law of contract as evolved and applied by the courts. These values became and remain underprivileged precisely because of south african contract laws preference for and commitment to liberal politics cast in formal rules. The agreement to keep an offer open for a certain period of time. Du plessis an introduction to law 3rd ed 1999, juta. Christies the law of contract in south africa book, 2011.
See generally christie the law of contract in south africa at 278. Dale hutchinson et al the law of contract in south africa at p 6 defines a contract as an agreement entered into by two or more persons with the intention of creating a legal obligation or obligations. On studocu you find all the study guides, past exams and lecture notes for this course. As far as textbooks are concerned, there is a prescribed text. South african contract law is essentially a modernized version of the romandutch law of contract, which is itself rooted in canon and roman laws. Every failure to perform a primary obligation is a breach of contract. Specific performance is a pri mary remedy in south africa n law of contract. Administrative appeals tribunal act 1975 australia.
It integrates the common law, statutory law and constitutional perspectives. To provide the students with an understanding of the historical development of the uniquely south african law of. The national credit act has brought about a new era of consumer credit regulation and practice, which has introduced comprehensive changes to the consumer credit industry, as well as the law of contract. These rights were only effective between the particular legal subjects concerned and were therefore known as personal rights, as opposed to real. A contract between a and b cannot be enforced by c even if c is intended to benefit from the performance of the contract a contract between a and b cannot be enforced against c even if the contract purports to make c liable see trident general insurance v mcneice bros 1988 the rule of privity of contract may be circumvented by. Provides the case name, legal issue and the legal principle employed in the judgment. Get introduction to law and legal skills in south africa jurisprudence paperback pdf file for free from our online library.
Read and download pdf ebook introduction to law and legal skills in south africa jurisprudence paperback at online ebook library. If you break breach the contract, the other party has. South africa guide to rentingletting buying in a new developement choosing a building. Dale hutchinson et al the law of contract in south africa at p 6 defines a contract as an agreement entered into by two or more persons with the intention of creating a legal. Cape town 67 74 t humby, ed et al introduction to law and legal skills in south africa 2012, oxford university press. Adam fletcher the role of good faith in the south african law of contract. Make sure you know the basic principles of law of contract. The fixed system of contract freedom and with the fundamental idea of contracts that are freely closed, should be enforced. Contract law services south africa dreyer engelbrecht attorneys.
South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles. Jan 01, 1991 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. An employee on fixed term contract is entitled to paid annual leave and paid sick leave from the first day of employment, as well as family responsibility leave only after 4 months employment, in terms of the basic conditions of employment act. It has perhaps escaped notice that this is a translation of voets short compendium of the roman law called elementa juris augmented with extracts from vinnius ad institutiones where that author refers to some matter of modern practice. Careful how you cancel a strict approach to following cancellation clauses in construction contracts. This is in fact merely another name for a fixed term. The constitution this is the most supreme law in south africa and enshrines the bill of rights which contains fundamental rights which must be respected and adhered to at all times. 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. Oxford university press, southern africa, jan 1, 2009 commercial law 400 pages. A contract is a promise or a set of promises which the law will enforce.
South african contract law is essentially a modernised version of the romandutch law of contract, which is itself rooted in canon and roman laws. Pdf specific performance as a primary remedy in the. The aforementioned doctrines and legal principles, even though not accepted as part of south african law, provide for the broadening of the initial concept of an excessive 7 hutchison et al. 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.
This minidissertation explores the south african law of contract as influenced by the national credit act 34 of 2005. Oxford university press the law of contract in south. The secondary obligation on the part of the contract breaker to which it gives rise by implication of the common law is to. Contract law services south africa dreyer engelbrecht. This section contains free e books and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Introduction the law of property in its widest sense deals with all assets that could form part of a persons estate. In a construction context this is important as there are different rights created by what is known as the law of property.
Your guide to labour law in south africa labour guide. If, however, the parties should fail to reach agreement on the outstanding matters, then the original contract would stand. Sharrock the law of contract in lawsa vol 51 2004 butterworths. Two forms of these contracts are valid in south african law26. 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 seventh edition of the book provides a detailed and comprehensive exposition of the general principles of the law of contract as it has evolved, and been applied by the courts. Law of contract case summaries law of contract stuvia. A contract is an agreement giving rise to obligations which are enforced or recognised by law. Christie the law of contract in south africa 2006, 5th edition, butterworths. 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 impossibility must be absolute, thus.
The law of contract post the 1996 constitution 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. A contract can be defined as an agreement between two or more parties with the purpose to create and bind them in a. Employment laws in south africa placement dynamics. Electronic contracts in south africa a comparative analysis. Pdf contract law notes, ebook free download for llb students. Standard lease agreement contract for renting property in. A general comparison between the principles of the law of specific contract in south africa and its english counterpart. In south african consumer contracts, the concept of fairness is explored, and the remedies at the disposal of consumers to escape the operation of unfair contract terms in different sectors. The text presents fundamental principles within a clear and applied framework, and supports independent, enquiring and critical engagement with the subject matter.
It remains to this day a wellestablished and leading authority on the law of contract. Sample employment contract pdf labour law south africa. A common example to elucidate upon this principle is found in the sale of property. Principles of the interpretation of contracts in south africa. Clause in the south african law of contract l hawthorne 1 introduction jeanetiennemarie portalis, the father of the code civil, described the paradox facing the legislator as having to simplify everything but simultaneously make provision for all eventualities.
Designed to reflect the content of an undergraduate llb course, the. South african contract law is essentially a modernised version of the roman dutch law of contract, which is itself rooted in roman law. This book introduces students to the general principles of contract law with specific application to south africa. There is a growing trend in south africa towards businesses adopting malus and clawback policies in relation to their variable pay structures and employee incentive. 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. A contract can be defined as an agreement between two or more parties with the purpose to create and bind. Hutchison et al the law of contract in south africa oxford university press, 2009. Cliffe dekker hofmeyr the law of contract post the 1996.
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. United dominions corporation rhodesia ltd v van eyssen, van winsen j states the principle event more succinctly it is of the essence of the doctrine of election that the party whom it is sought to hold to an election is fully aware of the. Pdf specific performance as a primary remedy in the south. The law of contract in south africa dale hutchison. Basic principles of english contract law introduction this guide is arranged in the following parts. The text supports learning and the development of independent academic skills through various learning features. The south african law of contract is derived from the roman law of obligations, in terms of which a legal tie was created between legal subjects, giving rise to rights and duties accepted by law. 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. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. This notion of enforceability is central to contract law. Christie and bradfield christies the law of contract in south africa 2016, 7th ed, butterworths. President, association of arbitrators southern africa, honorary professional reseach associate, university of cape town.
Dec 22, 2019 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. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a. Having particular regard to the developments in consumer protection law and constitutional jurisprudence, the fifth edition of contract. The prescribed textbook is hutchison et al, the law of contract in south africa 3rd ed oxford university press, 2018. Contractual terms which are not in accordance with. 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. Psm 8 basic principles of property law in sa 6 of 50 1.
General principles provides a comprehensive guide to understanding the general principles of the law of contract in south africa sa. Contract law and formation theory of contracts an agreement between two or more parties enforceable under law purpose. This exploration will be conducted also in the context of whether at all and to what extent, if any, south african courts truly apply altruist values and fluid standards in their decisions on contract. Hi fellow law students, i am sharing pdf notes, book and ebook for the subject contract law for llb and ba. 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. Jan 17, 20 this book introduces students to the general principles of contract law with specific application to south africa. Originally published in 1981, christies law of contract in south africa is well established as a leading authority in the field of contract law. The agreement where party a binds himself to give preference to party b if he decides to conclude a specific contract. Influenced internationally through the ilo international labour organisation, division of united nations.
As south africa has only provided legislative protection for consumers in the. Christies law of contract in south africa lexisnexis sa. The law of contract in south africa dale hutchison, chris. Contract law south africa has been influenced by romandutch law of contract which has been further influenced in canon and roman laws. This essay continues the topic discussed in the previous essay by explaining the law of contract in south africa. Definition and forms of contracts the law of contract is concerned about the legal enforceability of promises. The law prescribes certain requirements for the conclusion of a valid contract. 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. The contract furthermore forms the basis of your relationship with the employer, as it details allowable conduct and the companys disciplinary code. The debtor is automatically in mora if he does not perform by the date or time specified. Employment laws in south africa south african labour legislation. Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source. Selfservice legal document platform reduces the cost of sme compliance with over 65% as the country moves into a time of unprecedented economic and social uncertainty, small businesses in south africa are under increasing pressure to ensure that their legal documentation.