Introduction to the Law of South Africa

Introduction to the Law of South Africa
Author: C. G. Van der Merwe
Publisher: Kluwer Law International B.V.
Total Pages: 586
Release: 2004-01-01
Genre: Law
ISBN: 9041122826

This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.

Christie's Law of Contract in South Africa

Christie's Law of Contract in South Africa
Author: Richard Hunter Christie
Publisher:
Total Pages: 809
Release: 2016
Genre: Contracts
ISBN: 9780409122541

"The seventh edition deals with recent case law on a variety of issues including electronic signatures; compliance with statutorily prescribed formalities for contractual validity; developments relating to agreements to negotiate; economic duress and undue influence; simulated contracts; reciprocity in contract; interim interdicts; and the remedy of specific performance. Additions that are more substantial include expanded treatment of the role of good faith in the law of contract. This tracks the continuing tension between the Supreme Court of Appeal and Constitutional Court regarding the extent of that role, with the latter court pressing for a greater role for good faith but not providing sufficient clarity on what good faith means in the context of contract law or on what role it envisages for good faith. This tension has caused difficulties which are reflected in certain High Court decisions."--Publisher's website.

Unjust Enrichment in South African Law

Unjust Enrichment in South African Law
Author: Helen Scott
Publisher: A&C Black
Total Pages: 384
Release: 2014-07-18
Genre: Law
ISBN: 1782251391

Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.

The Principles of BRICS Contract Law

The Principles of BRICS Contract Law
Author: Salvatore Mancuso
Publisher: Springer Nature
Total Pages: 444
Release: 2022-08-09
Genre: Law
ISBN: 3031008448

This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.

Contract Law in South Africa

Contract Law in South Africa
Author: Louis F. van Huyssteen
Publisher: Kluwer Law International B.V.
Total Pages: 357
Release: 2021-02-22
Genre: Law
ISBN: 9403529334

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.

Business Law in Zimbabwe

Business Law in Zimbabwe
Author: Richard Hunter Christie
Publisher: Juta and Company Ltd
Total Pages: 636
Release: 1998
Genre: Business & Economics
ISBN: 9780702149214

This comprehensive edition covers all areas of business law in the Zimbabwean context. It includes cases and legislation, and South African, English and other authorities have been relegated to the detailed footnotes.