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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 ...
Hansen, Schrader & Co. v De Gasperi [1] is an important case in South African contract law. It was heard by Solomon J in the Witwatersrand High Court from April 15 to 16, 1903 . Contractual interpretation
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]
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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 ...
Coopers & Lybrand and Others v Bryant [1] is an important case in South African contract law, particularly in the area of contractual interpretation. It was heard in the Appellate Division by Joubert JA, EM Grosskopf JA, MT Steyn JA, Nienaber JA and Howie JA on 15 May 1995 , with judgment handed down on 30 May.
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.