Christies Law of Contract in South Africa
Originally published in 1981, Christie's Law of Contract in South Africa is well established as a leading authority in the field of contract law. It presents a thorough and complete exposition of the general
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Originally published in 1981, Christie's Law of Contract in South Africa is well established as a leading authority in the field of contract law. It presents a thorough and complete exposition of the general principles of the law of contract as evolved and applied by the courts.
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.
This edition deals with the now well-established approach to interpretation of contracts, with the implications this approach has for the related issue of admissibility of evidence to assist in ascertaining meaning. The section dealing with restraint-of-trade provisions has been rewritten to reflect more accurately partial enforcement of these provisions, without recourse to notions of severability, as has the section on extinctive prescription, to reflect developments in clarifying particularly the scope of application of the relevant provisions in the Prescription Act and interruption of the running of prescription.
In addition, changes have been introduced to the formatting to improve ease of reference. These include section headings within, and tables of contents for, chapters and cross-referencing to sections rather than to pages, as was done in previous editions.
Table of contents
Preface to the 7th edition
Historical introduction
The Roman concept of contract
The Roman-Dutch concept of contract
The modern South African concept of contract
Current problems
Agreement
Proof of agreement
Offer
Acceptance
Contracts without offer and acceptance
Offer and acceptance without contract
Formalities
Introduction
Formalities decided on by the parties
Formalities required by law
Conditional contracts
What is a condition?
Pending fulfilment of the condition
Fulfilment and non-fulfilment of conditions
The terms of the contract
Ascertaining the terms
Implied and tacit terms
Written terms
Interpretation
Parties to the contract
Contractual capacity
Plurality of parties
Privity of contract
Contracts for the benefit of a third party
Misrepresentation and fraud
General effect of misrepresentation and fault
Misrepresentation
Rescission
Fault and damages
Duress and undue influence
Duress
Undue influence
Consumer legislation
Mistake
Meaning of mistake
Unilateral mistake
Mutual mistake
Common mistake
Illegality and unenforceability
Statutory illegality and unenforceability
Common law illegality and unenforceability
Illegality of purpose
The effects of illegality
Performance
Effect of performance
Tender of performance
By whom performance may be made
To whom performance may be made
Performance in forma specifica or per aequipollens
Payment of money
Reciprocal obligations and the exceptio non adimpleti contractus
Appropriation of payments
Time of performance
Place of performance
Proof of payment
Variation and discharge
By act of the parties
Variation and discharge by operation of law
Mora and breach
Mora and breach generally
Mora
Breach
Remedies for breach
Introduction
Specific performance
Interdict
Declaration of rights
Cancellation
Damages
Conventional Penalties Act
Bibliographical abbreviations
Table of cases
Index
