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Principles of the Interpretation of Contracts in South Africa

Publication Language: English

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ISBN/ISSN: 9780409033168
Published: December 21, 2007
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ISBN/ISSN: 9780409126952
Published: December 21, 2007
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Principles of the Interpretation of Contracts in South Africa is a comprehensive reference manual which will teach you how to interpret contracts in four easy steps by encouraging you to study the contract from a sound rational and scientific base.

By studying the presented theoretical principles you will learn how to confidently interpret contracts, taking the guesswork out of the deciding which arbitrary factual and legal elements should be considered when interpreting the contract.

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Table of contents

Introduction

General

Basis for contractual liability

Jurisprudence

Conclusion

Historical development

Introduction

General

Contractual liability

Interpretation of various classes of documents

Good faith

Admissibility of evidence

Presumptions

Classification

Concretisation

Meaning of terms

Application

Conclusion

The language of contracts

Introduction

Traditional approach to interpretation

A proposed holistic approach to interpretation

Dialectical systematisation

Interpretation in practice

Conclusion

Comparative survey

Introduction

Contractual liability

Nature of interpretation

Interpretation of different kinds of documents

Admissibility of evidence

Good faith

Presumptions

Classification

Concretisation

Meaning of terms

Application

Conclusion

The legal nature of interpretation

Introduction

The nature of the rules of interpretation

The relationship between the rules of interpretation for contracts, wills and statutes

Conclusion

The Bill of Rights and the interpretation of contracts

Introduction

Level of application

Retrospectivity

Operation

International law

Conclusion

The requirements of good faith

Introduction

Good faith in contract

Legislative intervention

Conclusion

Admissibility of extrinsic evidence

Introduction

General

Traditional view in South Africa

Critical analysis

Contextual approach in the United States of America

Contextual approach in England

Contextual approach in South Africa

Proposals by the South African Law Commission

Conclusion

Presumptions

Introduction

Presumptions in South Africa

Presumptions of interpretation

Presumptions of substantive law

Other presumptions

Conclusion

Classification

10.7 - Introduction

Basis of classification

Form

Author

Addressee

Intention of the author

Purpose of document

Commencement

Nature of document

Other factors

Specific contracts

Conclusion

Concretisation

Introduction

Terms of a contract

Express terms

Consensual tacit terms

Imputed tacit terms

Implied terms

Implied terms of specific contracts

Rectification

Conclusion

The meaning of terms

Introduction

General

Words read in context

Deviation from ordinary meaning

Intention of the parties

Words of a technical nature

Custom or trade usage

Internal aids

External aids

Ut res magis valeat quam pereat

Eiusdem generis

Noscitur a sociis

Inclusio unius est exclusio alterius

Ex contrariis

Ex consequentibus

Quod minimum

Contra proferentem

Computation of time

Meaningless terms

Conclusion

Application

Introduction

Ascertaining identity

Latent ambiguity

Limitations to the application of contracts

Conclusion

Conclusion

Bibliography

Table of Cases

Table of Statutes

Index