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South African contract law is "essentially a modernized version of the Roman-Dutch law of contract", [1] and is rooted in canon and Roman laws. 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 provides a legal framework within which ...
Peters, Flamman and Company v Kokstad Municipality, [1] decided by Solomon JA, is an important case in South African contract law, specifically in the area of termination and supervening impossibility of performance. The company had entered into a twenty-year contract with the municipality to light its street lamps. [2]
The Law of Contract in South Africa. Edited by Dale Hutchison, Chris-James Pretorius, Mark Townsend and Helena Janisch. Cape Town, Western Cape: Oxford University Press, 2010. Lubbe, GF, and CM Murray. Farlam and Hathaway Contract: Cases, Materials and Commentary. 3rd Edition. Lubbe & Murray, 1988.
The Law of Contract in South Africa. Edited by Dale Hutchison, Chris-James Pretorius, Mark Townsend and Helena Janisch. Cape Town, Western Cape: Oxford University Press, 2010. Holmdene Brickworks (Pty) Ltd v Roberts Construction Co Ltd 1977 (3) SA 670 (A). Prescribed Rate of Interest Act 55 of 1975.
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The case is famous primarily for its articulation of the fundamental precept of contractual interpretation in South Africa: . The golden rule applicable to the interpretation of all contracts is to ascertain and to follow the intention of the parties; and, if the contract itself, or any evidence admissible under the circumstances, affords a definite indication of the meaning of the contracting ...