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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 pr

Publication Language: English

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ISBN/ISSN: 9781776320486
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ISBN/ISSN: 9780409065008
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Product description

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.

In the 8th Edition, the author has expanded on the case law references, both old and new, together with relevant commentary, to highlight and emphasize various aspects of contract law which have recently been raised in court. With the escalation in the number of companies choosing to opt for the "work from home" route in light of the pandemic, issues around electronic communication and electronic signatures are likely to have come to the fore. This is one of the chapters in the 8th edition that the author has given attention to with notes about the Global and Local Investments Advisors case and the Kretzmann v Kretzmann case which dealt with the right of pre-emption. Case law in the 8th Edition of Christie's Law of Contract has been updated significantly.

Note: 8th Edition to be released in May 2022. Pre-sales will commence in April 2022.

Note: The online price varies according to package chosen and number of users. Our sales agents will provide a quote on request.

 

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Table of contents

Preface to the 8th 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