The Law of Contract in South Africa
Author | : Dale Hutchison |
Publisher | : |
Total Pages | : 534 |
Release | : 2017 |
Genre | : Contracts |
ISBN | : 9780190419820 |
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Author | : Dale Hutchison |
Publisher | : |
Total Pages | : 534 |
Release | : 2017 |
Genre | : Contracts |
ISBN | : 9780190419820 |
Author | : Richard Hunter Christie |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : Contracts |
ISBN | : 9781776320486 |
Author | : Richard Hunter Christie |
Publisher | : Butterworth-Heinemann |
Total Pages | : 828 |
Release | : 1991 |
Genre | : Law |
ISBN | : |
Author | : Richard Frimpong Oppong |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2013-09-12 |
Genre | : Law |
ISBN | : 0521199697 |
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author | : L. F. Van Huyssteen |
Publisher | : |
Total Pages | : 712 |
Release | : 2016 |
Genre | : |
ISBN | : 9781485109761 |
Contract General Principles examines the concepts, principles and rules relating to contracts, and considers the jurisprudentJal, constitutional and social context in which contract law operates. The authors' expert analysis and exposition of the legislative and common-law principles underlying the law of contract provides a rich, illuminating reading experience for legal practitioners, law students and members of the general public with an interest in the subject. The authors explore the theoretical basis and structure of the South African law of contract and discuss the role played by the courts - including discussions of the latest court decisions - in the interpretation and application of these rules and principles. Where the law is not settled divergent opinions are considered and solutions offered, sometimes also with reference to foreign jurisdictions. This fifth edition of Contract General Principles highlights the importance ot the Consumer Protection Act in relation to the construction and conclusion of contracts, while close attention is also paid to the influence of constitutional jurisprudence and the principle of good faith in the formation of binding legal agreements. While the basic approach of the work has been retained, it has been substantially refined and reworked in many chapters.
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.
Author | : Roger Brownsword |
Publisher | : Dartmouth Publishing Company |
Total Pages | : 344 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
Author | : H. S. McKenzie |
Publisher | : Juta and Company Ltd |
Total Pages | : 472 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9781485106142 |
This is the first book to explain the law applicable to the updated Joint Building Contracts Committee (JBCC) Principle Building Agreement (6th edition, 2014) and the Engineering General Conditions of Contract for Construction Works (2nd edition, 2010), which are both annexed to the book and extensively cross-referenced to assist the reader. The book also cross-references the relevant clauses of the FIDIC Contract Agreement (1999). Disputes arising out of building contracts are often referred to arbitration for solution. This work therefore deals with the effect of the Arbitration Act 42 of 1965 and the Association of Arbitrators Standard Procedure Rules, which are also reproduced as annexures in the book.
Author | : Sir Johannes Wilhelmus Wessels |
Publisher | : |
Total Pages | : 822 |
Release | : 1908 |
Genre | : Civil law |
ISBN | : |
Author | : Prince Saprai |
Publisher | : Oxford University Press |
Total Pages | : 257 |
Release | : 2019-02-28 |
Genre | : Law |
ISBN | : 0191084581 |
This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.