Make sure you know the basic principles of law of contract. Pdf contract law notes, ebook free download for llb students. Study unit 1 chapter 1 a lawblog for south african students. 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.
It remains to this day a wellestablished and leading authority on the law of contract. Common law is the system of law in most of the englishspeaking world and many non englishspeaking countries that were once part of the british empire, such as india, pakistan. The publication comprises different chapters, which include. Introduction to the law of contract the law of contract forms. 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. In depth notes for exam and semester test preparation for law of contract including case law summaries. Draw a clear distinction between individual labour law and collective labour law. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. Simply put, a contract is an agreement entered into between two or more parties with the serious intention of creating a legal obligation. Having particular regard to the developments in consumer protection law and constitutional jurisprudence, the fifth edition of contract. Contrary to south african law of purchase and sale, which is largely regulated by common law, the english law of purchase and sale is regulated by legislation. Definition and forms of contracts the law of contract is concerned about the legal enforceability of promises. This has led to conceptual confusion when interpreting cession agreements. This minidissertation explores the south african law of contract as influenced by the national credit act 34 of 2005.
Law of contract notes contractual term breach of contract. With summaries written by fellow students, you are guaranteed to be properly prepared for your exams. For a full list of cases, see the course outline for students, 2019. This course in property law and conveyancing focuses on the tasks that the conveyancer carries out and the workings of the deeds offices in south africa. Jw wessels the law of contract in south africa vol 1 johannesburg, 1937 at. In his analysis of form and substance in the south african law of contract, cockrell. The applicable legislation is the sale of goods act251 and the sale and supply of goods act252. The fixed system of contract freedom and with the fundamental idea of contracts that are freely closed, should be enforced. General principles provides a comprehensive guide to understanding the general principles of the law of contract in south africa sa. The theoretical problem with cession is that it straddles two branches of law, and does not easily fit into either. Contract law revision essential elements to a contract. A general comparison between the principles of the law of specific contract in south africa and its english counterpart.
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. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. Jan 17, 20 this book introduces students to the general principles of contract law with specific application to south africa. A contract is either fulfilled or not, according to a proscribed event that does or does not take place. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation.
In that context, a contract may be described as an agreement that the law the courts will enforce. In his analysis of form and substance in the south african law of contract, cockrell relying. Does anyone have law of contract past papers from uj. I formation of a contract ii contents of a contract iii the end of a contract i formation of a contract 1. Law of contract case summaries r202,62 add to cart. Law of contract notes contractual term breach of contract scribd.
The law of agency in south africa regulates the performance of a juristic act on behalf or in the name of one person the principal by another the agent, who is authorised by the principal to act, with the result that a legal tie vinculum juris arises between the principal and a third party, which creates, alters or discharges legal relations between the principal and a third party. The law of contract in south africa dale hutchison. South african contract law is essentially a modernized version of the romandutch law of contract, which is itself rooted in canon and roman laws. Act regarding the warranty against latent defects 39 2. Adam fletcher the role of good faith in the south african law of contract. Property law and conveyancing the south african school of. This means that not all agreements between parties constitute a contract. It integrates the common law, statutory law and constitutional perspectives.
Law of contract case summaries law of contract stuvia. A contract is an agreement giving rise to obligations which are enforced or recognised by law. The text supports learning and the development of independent academic skills through various learning features. Romandutch influence most visible in its substantive private law. 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. Christies law of contract in south africa was first published in 1981.
If you break breach the contract, the other party has. It provides notes and important cases on criminal law. 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. Access study documents, get answers to your study questions, and connect with real tutors for pvl 3702. Hi all, can anyone please send me notes for pvl3702, law of contracts on lonnie. Conduct post contract can be informative, in showing that the parties thought a contract was made or wasnt, but cant tell us what happened at the time of the agreement could lead to mischief, contract cannot be modified by subsequent actions what kind of remedy might there be for this situation. The law of contract in south africa dale hutchison, chris pretorius. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence.
As hutchison and pretorius 2009 note, the law of contract is currently undergoing a process. When a legal problem is not covered by statute law, you can look at the common law for an answer. The prescribed textbook is hutchison et al, the law of contract in south africa 3rd ed. Studying pvl3702 law of contract at university of south africa. The judgments are in the law reports which are accessible in the law library in paper and electronic form. The law of contract in south africa dale hutchison, chris. A term of contract does not relate to the existence of a contract or the obligation, but rather it regulates or modifies the obligations to the parties of a concluded contract. The text presents fundamental principles within a clear and applied framework, and supports independent, enquiring and critical engagement with the subject matter. His list of recognised public interest concerns contains no additions of note,62. South african contract law is essentially a modernized version of the romandutch law of. Dec 22, 2019 when a court determines whether or not an offer and acceptance was realized, the judicial body using the law of contract will look for a formal meeting or a concurrence of wills to decide if the requirements latent in the offer and acceptance statutes of the law of contract had been satisfied. 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.
Read and download pdf ebook introduction to law and legal skills in south africa jurisprudence paperback at online ebook library. This notion of enforceability is central to contract law. This essay continues the topic discussed in the previous essay by explaining the law of contract in south africa. Hi fellow law students, i am sharing pdf notes, book and ebook for the subject contract law for llb and ba.
917 1042 288 559 566 745 1421 1135 1592 78 844 52 760 1282 1223 537 84 1108 446 1177 1296 387 1324 472 807 1088 463 1216 42 915