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
Select a format
One Year Subscription Only Terms
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing firstname.lastname@example.org; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
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
The Roman concept of contract
The Roman-Dutch concept of contract
The modern South African concept of contract
Proof of agreement
Contracts without offer and acceptance
Offer and acceptance without contract
Formalities decided on by the parties
Formalities required by law
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
Parties to the contract
Plurality of parties
Privity of contract
Contracts for the benefit of a third party
Misrepresentation and fraud
General effect of misrepresentation and fault
Fault and damages
Duress and undue influence
Meaning of mistake
Illegality and unenforceability
Statutory illegality and unenforceability
Common law illegality and unenforceability
Illegality of purpose
The effects of illegality
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
Remedies for breach
Declaration of rights
Conventional Penalties Act
Table of cases