The Principles of The Law of Contract
The Principles of the Law of Contract, first published in 1967, has seen five editions, several reprints and is now in its sixth edition. This new edition includes extensive discussion on termination of contrac
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The Principles of the Law of Contract, first published in 1967, has seen five editions, several reprints and is now in its sixth edition. This new edition includes extensive discussion on termination of contracts, breach of contract, and remedies for such breach, as well as discussion on damages, together with the linked subject of causation.
This revised and updated work also takes decisions passed up to the end of February 2002 into account during discussion.
Table of contents
Part 1 - The Basis of Contracts
Chapter 1 - The nature of contracts
Chapter 2 - Theories of contract
Part 2 - The Formation of Contracts
Chapter 3 - Communication between the parties
Chapter 4 - Intention to contract
Chapter 5 - Entering into a contract
Chapter 6 - The sphere of operation of a contract
Chapter 7 - Iusta causa: redelijke oorzaak
Chapter 8 - Agreements contrary to law, morality, or public policy or the enforcement of which is against the public interest
Chapter 9 - Absence at the time agreement is reached of the circumstances necessary for the operation of the contract
Chapter 10 - Disagreement
Chapter 11 - Common mistake
Chapter 12 - Factors inducing agreement or disagreement
Part 3 - The Contents of Contracts
Chapter 13 - The provisions of a contract
Chapter 14 - The interpretation of express provisions
Chapter 15 - Terms, conditions, warranties
Chapter 16 - Variation and waiver
Part 4 - The Transfer of Contractual Rights and Obligations
Chapter 17 - The transfer of contractual rights
Chapter 18 - Cession in securitatem debiti
Chapter 19 - The transfer of contractual obligations
Part 5 - The Termination of Contracts
Chapter 20 - The termination of a contract
Part 6 - Breach of Contract
Chapter 21 - Breach of contract
Chapter 22 - The court's discretion concerning the enforcement of a contract and the raising of defences
Part 7 - Remedies for Breach of Contract
Chapter 23 - Choice of remedies
Chapter 24 - Prevention of a threatened breach of contract
Chapter 25 - Where the aggrieved party disregards the contract
Chapter 26 - Specific performance
Chapter 27 - Cancellation
Chapter 28 - Damages
Chapter 29 - Restitution
Chapter 30 - Interdict
Appendix A - Contracts by a person professing to act as agent or trustee for a company not yet incorporated: the requirement of writing
Appendix B - Hadley v Baxendale
- Principal works cited