Pdf contract law notes, ebook free download for llb students. South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles. Employment laws in south africa placement dynamics. Christie the law of contract in south africa 2006, 5th edition, butterworths. As south africa has only provided legislative protection for consumers in the. Romandutch influence most visible in its substantive private law. Principles of the interpretation of contracts in south africa. A contract can be defined as an agreement between two or more parties with the purpose to create and bind. Basic principles of english contract law introduction this guide is arranged in the following parts. The prescribed textbook is hutchison et al, the law of contract in south africa 3rd ed oxford university press, 2018.
Definition and forms of contracts the law of contract is concerned about the legal enforceability of promises. See generally christie the law of contract in south africa at 278. 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. The text presents fundamental principles within a clear and applied framework, and supports independent, enquiring and critical engagement with the subject matter.
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. It integrates the common law, statutory law and constitutional perspectives. The text supports learning and the development of independent academic skills through various learning features. 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. Contractual terms which are not in accordance with. The agreement where party a binds himself to give preference to party b if he decides to conclude a specific contract. Contract law services south africa dreyer engelbrecht. 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. The law of contract in south africa dale hutchison, chris.
In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Access study documents, get answers to your study questions, and connect with real tutors for law pvl 3702. Sharrock the law of contract in lawsa vol 51 2004 butterworths. The law of contract in south africa dale hutchison.
Jan 17, 20 this book introduces students to the general principles of contract law with specific application to south africa. South african contract law is essentially a modernised version of the romandutch law of contract, which is itself rooted in canon and roman laws. South african contract law is essentially a modernized version of the romandutch law of contract, which is itself rooted in canon and roman laws. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. These rights were only effective between the particular legal subjects concerned and were therefore known as personal rights, as opposed to real. 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. Two forms of these contracts are valid in south african law26.
Pdf specific performance as a primary remedy in the south. I formation of a contract ii contents of a contract iii the end of a contract i formation of a contract 1. The law prescribes certain requirements for the conclusion of a valid contract. 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. General principles provides a comprehensive guide to understanding the general principles of the law of contract in south africa sa. 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. Oxford university press, southern africa, jan 1, 2009 commercial law 400 pages. South africa guide to rentingletting buying in a new developement choosing a building. Employment laws in south africa south african labour legislation. 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. Read and download pdf ebook introduction to law and legal skills in south africa jurisprudence paperback at online ebook library. The secondary obligation on the part of the contract breaker to which it gives rise by implication of the common law is to. Influenced internationally through the ilo international labour organisation, division of united nations. Nov 17, 2015 the contract states details such the leave, remuneration, company policy and when payment can be expected according to the requirements of labour law in south africa. 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. Electronic contracts in south africa a comparative analysis. 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. 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.
The agreement to keep an offer open for a certain period of time. Access study documents, get answers to your study questions, and connect with real tutors for pvl 3702. Dispute resolution matters august 20 claim to one remedy by mere claim of another. In the event of agreement being reached on all outstanding matters the comprehensive contract would incorporate and supersede the original agreement. A contract is an agreement giving rise to obligations which are enforced or recognised by law. A general comparison between the principles of the law of specific contract in south africa and its english counterpart. Administrative appeals tribunal act 1975 australia. 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. This book introduces students to the general principles of contract law with specific application to south africa. These values became and remain underprivileged precisely because of south african contract laws preference for and commitment to liberal politics cast in formal rules. Christies law of contract in south africa lexisnexis sa.
The fixed system of contract freedom and with the fundamental idea of contracts that are freely closed, should be enforced. Christies law of contract in south africa was first published in 1981. 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. 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. 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 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. 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. Principles of the interpretation of contracts in south africa is a comprehensive reference manual which will teach you how to interpret contracts in four easy steps by encouraging you to study the contract from a sound rational and scientific base. 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.
By studying the presented theoretical principles you will learn how to confidently interpret contracts, taking the guesswork out of. 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. A common example to elucidate upon this principle is found in the sale of property. Designed to reflect the content of an undergraduate llb course, the. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a. Law of contract case summaries law of contract stuvia. Cliffe dekker hofmeyr the law of contract post the 1996. Hi fellow law students, i am sharing pdf notes, book and ebook for the subject contract law for llb and ba. Originally published in 1981, christies law of contract in south africa is well established as a leading authority in the field of contract law. Specific performance is a pri mary remedy in south africa n law of contract. Contract law services south africa dreyer engelbrecht attorneys. 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. In that context, a contract may be described as an agreement that the law the courts will enforce.
Contract law and formation theory of contracts an agreement between two or more parties enforceable under law purpose. 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. Your guide to labour law in south africa labour guide. The contract furthermore forms the basis of your relationship with the employer, as it details allowable conduct and the companys disciplinary code. Hutchison et al the law of contract in south africa oxford university press, 2009.
Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source. Having particular regard to the developments in consumer protection law and constitutional jurisprudence, the fifth edition of contract. Standard lease agreement contract for renting property in. A contract is a promise or a set of promises which the law will enforce. Du plessis an introduction to law 3rd ed 1999, juta. In a construction context this is important as there are different rights created by what is known as the law of property.
This essay continues the topic discussed in the previous essay by explaining the law of contract in south africa. 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. South african contract law is essentially a modernised version of the roman dutch law of contract, which is itself rooted in roman law. Christies the law of contract in south africa book, 2011. As far as textbooks are concerned, there is a prescribed text. 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. 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. If, however, the parties should fail to reach agreement on the outstanding matters, then the original contract would stand. Studying pvl3702 law of contract at university of south africa. 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.
Christie and bradfield christies the law of contract in south africa 2016, 7th ed, butterworths. Contractual terms which are not in accordance with the constitution, will not be enforceable. The law of contract in south africa 2012 2nd edition. This minidissertation explores the south african law of contract as influenced by the national credit act 34 of 2005. Careful how you cancel a strict approach to following cancellation clauses in construction contracts. Make sure you know the basic principles of law of contract. This has allowed south africa to have a rich set 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. Adam fletcher the role of good faith in the south african law of contract.
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. 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. Sample employment contract pdf labour law south africa. 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. Cape town 67 74 t humby, ed et al introduction to law and legal skills in south africa 2012, oxford university press. Get introduction to law and legal skills in south africa jurisprudence paperback pdf file for free from our online library. 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. Pdf specific performance as a primary remedy in the. Oxford university press the law of contract in south. 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. A contract can be defined as an agreement between two or more parties with the purpose to create and bind them in a.
On studocu you find all the study guides, past exams and lecture notes for this course. Provides the case name, legal issue and the legal principle employed in the judgment. This notion of enforceability is central to contract law. Psm 8 basic principles of property law in sa 6 of 50 1. Introduction the law of property in its widest sense deals with all assets that could form part of a persons estate. The publication comprises different chapters, which include. Every failure to perform a primary obligation is a breach of contract. To provide the students with an understanding of the historical development of the uniquely south african law of. If you break breach the contract, the other party has. This is in fact merely another name for a fixed term. Dispute resolution matters aug 20 cliffe dekker hofmeyr.