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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]
Alfred McAlpine & Son (Pty) Ltd v Transvaal Provincial Administration [1] is an important case in the South African law of contract, heard in the Appellate Division from 18 to 21 February 1974, and decided on 20 May. The case concerned a contract to build a portion of a national road, into which contract an exceptional number of variations was ...
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 as PDF; Printable version; In other projects Wikidata item; ... Pages in category "South African contract case law" The following 49 pages are in this ...
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 ...
Government of the Republic of South Africa v Fibrespinners & Weavers (Pty) Ltd [1] is an important case in South African contract law.It was heard in the Appellate Division by Wessels ACJ, Trollip JA, Hofmeyr JA, Miller JA and Trengove AJA on 15 February 1978, with judgment handed down on 21 March.