Dale hutchison, professor in the department of private law at the university of cape town, south africa. Tjakie naude, professor in the department of private law at the university of south africa. The law of contract in south africa dale hutchison editor, chris pretorius editor, tjakie naude, jacques du plessis, sieg eiselen, tomas floyd, luanda hawthorn, birgit kuschke, catherine maxwell published by oup southern africa 20180517, cape town 2018. This book introduces students to the general principles of contract law with specific application to south africa. A theme running through most of these articles is the role to be given to good faith or fairness in south african contract law. In his analysis of form and substance in the south african law of contract, cockrell relying heavily on kennedys analysis of american private law adjudication 2 and a critique of that analysis by kelman 3 shows that critical approaches to contract law occurs predominantly on two.
Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source. The law of contract in south africa paperback, 3rd edition. The law of contract in south africa 2012 2nd edition. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle. According to adrian goslett, regional director and ceo of remax of southern africa, for an agreement to be considered a legal binding document, there are some. Oct 17, 2016 originally published in 1981, christies law of contract in south africa is well established as a leading authority in the field of contract law. A contract can be defined as an agreement between two or more parties with the purpose to create and bind them in a commitment. This minidissertation explores the south african law of contract as influenced by the national credit act 34 of 2005. Christies law of contract in south africa lexisnexis sa. As indicated above, the south african law of contract finds its origin in romandutch law but it has also been influenced to some extent by english law e. This edition includes a full new chapter addressing the consumer protection act 68. The law of contract in south africa 3e the specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled.
South africa allows discharge in situations of objective supervening impossibility, but not for supervening change of circumstances. Contract law services south africa dreyer engelbrecht attorneys. South africa, our law is not amenable to this consideration. The law of contract in south africa provides a rich source of expertise and a lively and approachable introduction to the principles of contract law. The text supports learning and the development of independent academic skills through various learning features. The law of contract in south africa 3e provides a comprehensive, rigorous and accessible introduction to the principles of contract law. The law of contract in south africa third edition edited by dale hutchison, chris pretorius, tjakie naude, jacques du plessis, sieg eiselen, tomas floyd, luanda hawthorn, birgit kuschke, and catherine maxwell. Contracts are essential to regulate certain relationships as it provides certainty as to what the parties expect from each other. Jan 17, 20 the law of contract in south africa dale hutchison, chris pretorius, tjakie naude, jacques du plessis, sieg eiselen, tomas floyd, luanda hawthorn oup southern africa, jan 17, 20 law 512 pages. A general comparison between the principles of the law of specific contract in south africa and its english counterpart. The seventh edition of the book provides a detailed and comprehensive exposition of the general principles of the law of contract as it has evolved, and been applied by the courts. Our covid19 community guidelines tips, advice and news related to. The law of contract in south africa 3rd edition sherwood. The summaries are written by students themselves, which gives you the best possible insight into what is important to study about this book.
The latest edition of this authoritative standard work on contract law has been updated to include the unusually large number of cases decided in the last 5 years. Contract as an agreement intended to create enforceable obligations. View gumtree free online classified ads for law of contract law books and more in south africa. Fundamental change of circumstances in contract law. Comparatively, this leaves a gap in our contract law. Our covid19 community guidelines tips, advice and news related to trading on gumtree during the covid19 crisis. A theme running through most of these articles is the role to be given to good faith or. He is also a professor in the department of the university of cape town, where he was the general principles of contract law and the law regarding teaching session. Contract law south africa has been influenced by romandutch law of contract which has been further influenced in canon and roman laws. Contract law provides a legal framework within which persons can transact. The law of contract in south africa paperback, 2nd.
Hutchison et al the law of contract in south africa oxford university press, 2009. Contract law services south africa dreyer engelbrecht. May 25, 2017 a valid contract provides protection to both the seller and the buyer. It presents a thorough and complete exposition of the general principles of the law of contract as evolved and applied by the courts. The law of contract in south africa 2nd edition oxford. Oxford university press the law of contract in south. Designed to reflect the content of an undergraduate llb course, the. The law of contract in south africa dale hutchison ed. Originally published in 1981, christies law of contract in south africa is well established as a leading authority in the field of contract law. It integrates the common law, statutory law and constitutional perspectives. Pdf specific performance as a primary remedy in the. This means that not all agreements between parties constitute a contract.
This has allowed south africa to have a rich set of contract law. A contract can be defined as an agreement between two or more parties with the purpose to create and bind. Christie the law of contract in south africa 2006, 5th edition, butterworths. Chris pretorius, professor in the department of private law at the university of south africa. Associate professor andrew hutchison commercial law. A living customary law of commercial contracting in south. Subjects like the law of contract in south africa will be dealt with. Having a written contract in place ensures that each party understands what is expected of them and reduces the chance of disputes or misunderstandings further down the road. The national credit act has brought about a new era of consumer credit regulation and practice, which has introduced comprehensive changes to the consumer credit industry, as well as the law of contract.
Contracts are essential to regulate certain relationships as it provides certainty. The text supports learning and the development of independent academic. The law of contract in south africa dale hutchison, chris. Creator hutchison, dale subjects contracts south africa. South africas divergence from the common law tradition. South african contract law is essentially a modernized version of the romandutch law of contract, which is itself 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. Consequently, the highest court in south africa has identified public policy as the general clause relating to the validity of contracts.
The aforementioned doctrines and legal principles, even though not accepted as part of south african law, provide for the broadening of the initial concept of an excessive 7 hutchison et al. Having particular regard to the developments in consumer protection law and constitutional jurisprudence, the fifth edition of contract. The law of contract in south africa dale hutchison. Law of contract case summaries law of contract stuvia. The law of contract in south africa, third edition, offers a concise, accessible and rigorous introduction to the general principles of contract law in south africa. In particular, it looks at the supreme court of appeal decisions which have settled or fundamentally changed the law in a number of areas. The publication comprises different chapters, which include. The text presents fundamental principles within a clear and applied framework, and supports independent, enquiring and critical engagement with the subject matter. The latest developments in constitutional law suggest that fairness in contracting has become an important limitation on the value of contractual certainty. Jan 01, 1991 the latest edition of this authoritative standard work on contract law has been updated to include the unusually large number of cases decided in the last 5 years. Pdf specific performance as a primary remedy in the south.
The text is directed at university courses in contract law, which are offered at second or third year level of the llb programme. Christies the law of contract in south africa book, 2011. The law of contract in south africa paperback, 3rd. The prescribed textbook is hutchison et al, the law of contract in south africa 3rd ed oxford university press, 2018.
Christies law of contract in south africa was first published in 1981. As far as textbooks are concerned, there is a prescribed text. Professor hutchison is an advocate of the high court of south africa and the head of internal research unit at the law firm edward nathan sonnenbergs ing. Chapter 14 cession summary the law of contract in south africa. A living customary law of commercial contracting in south africa.
In order for a sales agreement to be considered a legal binding document, there are some key aspects that need to be in place what are the basic requirements for an agreement to be considered binding. President, association of arbitrators southern africa, honorary professional reseach associate, university of cape town. The texts concise explanation assists readers to clearly understand the nuances of the subject matter, while developing applied, critical and reflective thought. General principles provides a comprehensive guide to understanding the general principles of the law of contract in south africa sa. This paper will investigate the origin of the concept of public policy within the ambit of the south african common law. Christie and bradfield christies the law of contract in south africa 2016, 7th ed, butterworths. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. Numerous and frequentlyupdated resource results are available from this search. Sharrock the law of contract in lawsa vol 51 2004 butterworths. Prospects and limits of an economic approach 2012 81. Part b starts with the unadopted attempt by the south african law commission salc to address the issue of good faith in south african contract law. Provides the case name, legal issue and the legal principle employed in the judgment.