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The Principles of The Law of Contract 6th Ed

This book, first published in 1967, is one of the standard works on the law of contract in South Africa.

Publication Language: English
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ISBN/ISSN: 9780409037531

Product description

This book, first published in 1967, is one of the standard works on the law of contract in South Africa.

It is divided into seven parts, dealing with the basis of contracts; the formation thereof, the contents of contracts and how the provisions are to be interpreted; the transfer of contractual rights and obligations; the termination of contracts; breach; and remedies, which includes a detailed discussion of damages.


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Table of contents

Part 1 - The Basis of Contracts

Chapter 1 - The nature of contracts

Chapter 2 - Theories of contract

Part 2 - The Formation of Contracts

Chapter 3 - Communication between the parties

Chapter 4 - Intention to contract

Chapter 5 - Entering into a contract

Chapter 6 - The sphere of operation of a contract

Chapter 7 - Iusta causa: redelijke oorzaak

Chapter 8 - Agreements contrary to law, morality, or public policy or the enforcement of which is against the public interest

Chapter 9 - Absence at the time agreement is reached of the circumstances necessary for the operation of the contract

Chapter 10 - Disagreement

Chapter 11 - Common mistake

Chapter 12 - Factors inducing agreement or disagreement

Part 3 - The Contents of Contracts

Chapter 13 - The provisions of a contract

Chapter 14 - The interpretation of express provisions

Chapter 15 - Terms, conditions, warranties

Chapter 16 - Variation and waiver

Part 4 - The Transfer of Contractual Rights and Obligations

Chapter 17 - The transfer of contractual rights

Chapter 18 - Cession in securitatem debiti

Chapter 19 - The transfer of contractual obligations

Part 5 - The Termination of Contracts

Chapter 20 - The termination of a contract

Part 6 - Breach of Contract

Chapter 21 - Breach of contract

Chapter 22 - The court's discretion concerning the enforcement of a contract and the raising of defences

Part 7 - Remedies for Breach of Contract

Chapter 23 - Choice of remedies

Chapter 24 - Prevention of a threatened breach of contract

Chapter 25 - Where the aggrieved party disregards the contract

Chapter 26 - Specific performance

Chapter 27 - Cancellation

Chapter 28 - Damages

Chapter 29 - Restitution

Chapter 30 - Interdict

Appendices -

Appendix A - Contracts by a person professing to act as agent or trustee for a company not yet incorporated: the requirement of writing

Appendix B - Hadley v Baxendale

- Principal works cited