Write a short essay in which the student discusses how south african law has developed from its various. The texts concise explanation assists readers to clearly understand the nuances of the subject matter, while developing applied, critical and reflective thought. To assist students in being able to identify and solve authentic legal problems with regard to the negotiation. The first is what can be referred to as a normal breach, where a term, agreed to and set out in the agreement is breached by one of the parties either not performing at all or performing defectively. South african mercantile and company law, 2003, james. Every failure to perform a primary obligation is a breach of contract. South african contract law is essentially a modernised version of the roman dutch law of contract, which is itself rooted in roman law. The common law of contract and the consumer protection act. Fundamentals level skills module, paper f4 zaf corporate and business law south africa june 2012 answers 1 this question requires candidates to discuss the various sources of law that south african law is derived from. To assist students in being able to identify and solve authentic legal. Legal documents download south africa legal agreements. Contract law is currently undergoing a process of thoughtful changes and renewals as they adapt to the needs of the new political era in south africa. The law of contract in south africa dale hutchison.
A guide to construction contracts 9 different forms of contracts and activities. A contract can be defined as an agreement between two or more parties with the purpose to create and bind them in a commitment. The approach that i will follow in chapter 3 is based on the approach set out above. The employee is entitled to such public holidays on full pay as are determined by law. South african law in general, comprises common law and statutory law. The full title of the third edition of the book is south african music law, contracts and business the smart musicians guide to how the south african music industry works, how to negotiate the. Public policy and the south african law of contract 301 judgments. Labour smart training pty ltd, strives to be the best provider of quality training in the fields of labour and employment law, and human resources. Golegal is a leading industry news and information portal for the south african legal sector, catering to attorneys, corporate.
On studocu you find all the study guides, past exams and lecture notes for this course. It integrates the common law, statutory law and constitutional perspectives. Definition and forms of contracts the law of contract is concerned about the legal enforceability of promises. Contract law in south african law dreyer engelbrecht attorneys. In consequence of the order in paragraph 1, the contract between the first and second respondents is, as a matter of law, set aside. This article traces how these structures originated in the civilian tradition, but were also influenced from the nineteenth.
Statutory formalities in south african law stellenbosch university. Adam fletcher the role of good faith in the south african law of contract 1997 responsa. This notion of enforceability is central to contract law. The national credit act has brought about a new era of consumer credit regulation and practice, which has introduced comprehensive changes to. 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. Contract law services south africa dreyer engelbrecht. The creditor must fail to give his cooperation and thereby delay performance. South african mercantile and company law, 2003, james thomas. General principles provides a comprehensive guide to understanding the general principles of the law of contract in south africa sa. Electronic contracts in south africa a comparative analysis. To provide the students with a thorough understanding of the essential elements of a valid contract in south african law.
The agreement where party a binds himself to give preference to party b if he decides to conclude a specific contract. The law of contract in south africa paperback, 3rd. If you break breach the contract, the other party has. All law may not conflict with the south african constitution. Discuss why south african law has chosen to adopt a particular rule from a particular system. This minidissertation explores the south african law of contract as influenced by the national credit act 34 of 2005. Specific performance as a primary remedy in the south african law of contract. South african contract law is essentially a modernized version of the romandutch law of contract, which is itself rooted in canon and roman laws. South africas statutory law, as with any other common law country, has augmented the common law and many of the cases before. The text supports learning and the development of independent academic skills through various learning features. As a training provider we commit to professionalism and the use of up to date material and information, presented through the means of the latest methology. The south african council for the quantity surveying profession sacqsp psm 8 basic principles of property law in sa 2 of 50 organisational component 1. The law of contract in south africa 2012 2nd edition. South african music law, contracts and business 20.
The south african law is derived from a number of sources. Law of contract case summaries law of contract stuvia. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. These values became and remain underprivileged precisely because of south african contract laws preference for and commitment to liberal politics cast in formal rules. South african contract law is essentially a modernized version of the roman dutch law of contract, which is itself rooted in canon and roman laws. A valid contract requires consensus between two or more parties regarding the obligations they intend to create and that the parties have the legal capacity and intention to create binding obligations. A critical evaluation our legal categories are contingent and fluid, and. Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source. Administrative appeals tribunal act 1975 australia. 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. Since the south african lex informatica has emerged as a. The general principles of the south african common law are of importance and are binding specifically the law of contract. Designed to reflect the content of an undergraduate llb course, the book provides thorough.
This essay continues the topic discussed in the previous essay by explaining the law of contract in south africa. The current status of exemption clauses in the south african. Prior to the advent of democracy in 1994 and the constitutional order, segregationist policies were essential aspect of government policy. The agreement to keep an offer open for a certain period of time. A general comparison between the principles of the law of specific contract in south africa and its english counterpart. Browse the categories below, or alternatively find the document you need using. In terms of south african law of contract, there are two types of breaches that can occur where a party defaults in terms of its obligations.
This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Breach of agreement leading corporate and commercial law. This edition includes a full new chapter addressing the consumer protection act 68 of 2008. The net lawman library of legal documents is one of the largest on the internet. This paper will investigate the origin of the concept of public policy within the ambit of the south african common law. The publication comprises different chapters, which include. Golegal is a leading industry news and information portal for the south african legal sector, catering to attorneys, corporate counsel, legal scholars, policy makers and other. The history of south african law and its romandutch roots.
Sample employment contract pdf labour law south africa. Consequently, the highest court in south africa has identified public policy as the general clause relating to the validity of contracts. South african music law, contracts and business 20 third. Brand f 2009 the role of good faith, equity and fairness in the south african law of contract. General principles of commercial law eighth edition heinrich schulze blc llb pret lld. The fixed system of contract freedom and with the fundamental idea of contracts that are freely closed, should be enforced. The law of contract in south africa dale hutchison, chris. Consensus is usually achieved and demonstrated by the process of offer and acceptance. History of south african law seite 1 a introduction south african law is neither a classical roman, nor a romandutch law nor an english common law and certainly not a traditional african law. Golegal is a leading industry news and information portal for the south african legal sector, catering to attorneys, corporate counsel, legal scholars, policy makers and other corporate and legal interest.
In that context, a contract may be described as an agreement that the law the courts will enforce. 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. The secondary obligation on the part of the contract breaker to which it gives rise by implication of the common law is to. Criminal law, procedure and evidence regsterminologie. Studying pvl3702 law of contract at university of south africa. South africas only reference book on music contracts and law for musicians was originally written by nick matzukis and published in 2009. A contract can be defined as an agreement between two or more parties with the purpose to create and bind. Contract law south africa has been influenced by romandutch law of contract which has been further influenced in canon and roman laws. Accordingly, a number of standard form contracts have been developed which set out standard terms for a construction contract to cover the related issues and risks that will most likely apply. South africas common law is composed of the foundational romandutch legal principles as modified and interpreted by judicial precedent. If an exact date has been set, the credit will be in mora ex re, if a letter of demand has been served if there is no specified date, the creditor will be in mora ex persona.
Electronic communications and transactions act 25 of 2002. A contract is a promise or a set of promises which the law will enforce. This was followed by the hugelysuccessful second edition. Jurists, structures, and the development of the south african law of contract jacques e. Contract of employment south african medical association. This book introduces students to the general principles of contract law with specific application to south africa. Brisley v drotsky supra n 7 as per cameron ja par 7. This work has deep bearing on the socioeconomic condition of widows in indian subcontinent where. Christies law of contract in south africa was first published in 1981. This has allowed south africa to have a rich set of contract law. In a typical african country, the great majority of the people conduct their personal activities in accordance with and subject to customary law.
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. Printed and published by the university of south africa muckleneuk, pretoria pvl2601120122015 98758411 3b2 the study guide reflects the law as at 1 august 2011. Legal certainty vs public policy considerations in contract law. A critical analysis of the role of the boni mores in the. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. Having particular regard to the developments in consumer protection law and constitutional jurisprudence, the fifth edition of contract. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. If the time at which the performance is not integral to the performance, the performance will merely be delayed for the debtor to perform. Pdf specific performance as a primary remedy in the. Today, south africa retains a plural legal system, with customary law remaining a legal system for those who wish to be subject to it. Contracts are essential to regulate certain relationships as it provides certainty as to what the parties expect from each other.
The south african council for the quantity surveying profession sacqsp psm 8 basic principles of property law in sa 3 of 50 6. Part b starts with the unadopted attempt by the south african law commission salc to. It merged however, as the following essay will show, in its long andexciting history elements of all mentioned laws to a specific south african law. 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. African customary law, customs, and womens rights muna ndulo abstract the sources of law in most african countries are customary law, the common law and legislation both colonial and postindependence. Simply put, a contract is an agreement entered into between two or more parties with the serious intention of creating a legal obligation. Legal certainty vs public policy considerations in. It remains to this day a wellestablished and leading authority on the law of contract. Consideration is not a requirement under south african law. The south african law of contract is derived from the roman law of obligations, in terms of which a legal tie was created between legal subjects, giving rise to rights and duties accepted by law.
Dalton, referring to american contract law, has suggested that contract doctrine. The law of contract in south africa 3e provides a comprehensive, rigorous and accessible introduction to the principles of contract law. Dale hutchinson et al the law of contract in south africa at p 6 defines a contract as an agreement entered into by two or more persons with the intention of creating a legal obligation or obligations. When a legal problem is not covered by statute law, you can look at the common law for an answer. Two forms of these contracts are valid in south african law26. Pdf specific performance as a primary remedy in the south. This is the case in south africa in s 48 of the consumer protection act 68 of 2008, which outlaws unfair, unreasonable or unjust contract terms.