Christies Law of Contract in South Africa
Christie's Law of Contract in SA is a leading text for in-depth analysis of contract law.
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Product description
Christie's Law of Contract in SA is a leading text for in-depth analysis of contract law.
First published in 1981, Christie's is regarded as one of the foremost resources on South African contract law principles and their court applications. The extensively updated 8th edition covers recent case law and emerging issues. With its comprehensive exploration of how courts interpret and apply contract law, this text is valuable reading for practitioners drafting contracts or handling disputes.
Available in print, eBook and online format. Online format can only be purchased as part of a Lexis+ base package. Visit www.lexisnexis.co.za/lexisplus for more information.
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
