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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 ...
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.
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. Holmdene Brickworks (Pty) Ltd v Roberts Construction Co Ltd 1977 (3) SA 670 (A). Prescribed Rate of Interest Act 55 of 1975.
Download QR code; Print/export Download as PDF; Printable version; In other projects ... Pages in category "South African contract case law" The following 49 pages ...
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 ...
Download QR code; Print/export Download as PDF; Printable version; In other projects Wikidata item; Appearance. ... Pages in category "South African contract law"
Saambou-Nasionale Bouvereniging v Friedman 1979 (3) SA 978 (AD), sometimes called Saambou v Friedman, [1] was a landmark decision in the Appellate Division of the Supreme Court of South Africa, with crucial implications for contract in that country, as Jansen JA accepted the reliance theory into South African law, citing Smith v Hughes.