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Contract Law in South Africa, 6th Edition

Contract Law in South Africa, 6th Edition

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789403513348
  • Published In: August 2019
  • Format: Paperback , 344 pages
  • Jurisdiction: South Africa ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Details

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations.

    An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

    Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

  • The Authors

    List of Abbreviations

    General Introduction

    Chapter 1. Introduction to the Law of Contract

    Part I. General Principles of the Law of Contract

    Chapter 1. Formation

    Chapter 2. Requirements for Substantive Validity

    Chapter 3. The Contents of a Contract

    Chapter 4. Privity of Contract

    Chapter 5. The End of a Contract

    Chapter 6. Remedies

    Part II. Specific Contracts

    Chapter 1. Agency

    Chapter 2. Bailment

    Chapter 3. Gaming and Wagering

    Chapter 4. Sale of Goods

    Chapter 5. Letting and Hiring of Work and Building Contracts

    Chapter 6. Lease

    Chapter 7. Compromise

    Chapter 8. Suretyship

    Chapter 9. Pledge

    Chapter 10. Loan

    Chapter 11. Contracts with the State

    Chapter 12. Partnership

    Chapter 13. Quasi-Contracts

    Selected Bibliography

    Table of Cases

    Index

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