Originally published in 1981, christies law of contract in south africa is well established as a leading authority in the field of contract law. The prescribed textbook is hutchison et al, the law of contract in south africa 3rd ed oxford university press, 2018. South african music law, contracts and business 20. It presents a thorough and complete exposition of the general principles of the law of contract as evolved and applied by the courts. The prescribed textbook is hutchison et al, the law of contract in south africa 3rd ed. Depending on the type of breach, the innocent party might. The essentalia for a valid contract under south african law are that there must be a valid offer and acceptance, and consequently a mmeeting of minds or consensus between the contracting parties. The national credit act has brought about a new era of consumer credit regulation and practice, which has introduced comprehensive changes to the consumer credit industry, as well as the law of contract. Sample employment contract pdf labour law south africa. South africas only reference book on music contracts and law for musicians was originally written by nick matzukis and published in 2009. In a construction context this is important as there are different rights created by what is known as the law of property. Lets say i own a company in south africa that makes and sells jewellery. It integrates the common law, statutory law and constitutional perspectives. This is the case in south africa in s 48 of the consumer protection act 68 of 2008, which outlaws unfair, unreasonable or unjust contract terms.
Sharrock the law of contract in lawsa vol 51 2004 butterworths. Studying pvl3702 law of contract at university of south africa. Contract law south africa has been influenced by romandutch law of contract which has been further influenced in canon and roman laws. The constitution this is the most supreme law in south africa and enshrines the bill of rights which contains fundamental rights which must be respected and adhered to at all times. Register for this contract management course to explore civil law procedures, alternative dispute resolutions, and understand the essential elements that should be included in a commercial contract. I formation of a contract ii contents of a contract iii the end of a contract i formation of a. The seventh edition of the book provides a detailed and comprehensive exposition of the general principles of the law of contract as it has evolved, and been applied by the courts. Apr 28, 2020 delve deeper into the concept of commercial law and contract law and how it originated and extended into south africa. Nov 17, 2015 the contract states details such the leave, remuneration, company policy and when payment can be expected according to the requirements of labour law in south africa. The text supports learning and the development of independent academic skills through various learning features. The contract furthermore forms the basis of your relationship with the employer, as it details allowable conduct and the companys disciplinary code. The secondary obligation on the part of the contract breaker to which it gives rise by implication of the common law is to. In particular, it looks at the supreme court of appeal decisions which have settled or fundamentally changed the law in a number of areas.
Jan 01, 1991 the latest edition of this authoritative standard work on contract law has been updated to include the unusually large number of cases decided in the last 5 years. The contract is signed by both the employer and the contractor. The aforementioned doctrines and legal principles, even though not accepted as part of south african law, provide for the broadening of the initial concept of an excessive 7 hutchison et al. Two forms of these contracts are valid in south african law26. The judgments are in the law reports which are accessible in the law library in paper and electronic form. Christies law of contract in south africa was first published in 1981.
The law of contract in south africa provides a rich source of expertise and a lively and approachable introduction to the principles of contract law. Your guide to labour law in south africa labour guide. There is a growing trend in south africa towards businesses adopting malus and clawback policies in relation to their variable pay structures and employee incentive. On studocu you find all the study guides, past exams and lecture notes for this course. South africa s only reference book on music contracts and law for musicians was originally written by nick matzukis and published in 2009. Dale hutchinson et al the law of contract in south africa at p 6 defines a contract as an agreement entered into by two or more persons with the intention of creating a legal obligation or obligations. This book introduces students to the general principles of contract law with specific application to south africa.
South african common law recognises the concept of vis major or supervening impossibility, i. Provides the case name, legal issue and the legal principle employed in the judgment. Psm 8 basic principles of property law in sa 6 of 50 1. The publication comprises different chapters, which include. The contract states details such the leave, remuneration, company policy and when payment can be expected according to the requirements of labour law in south africa.
As far as textbooks are concerned, there is a prescribed text. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. Every failure to perform a primary obligation is a breach of contract. General principles provides a comprehensive guide to. According to south african case law, a material breach is one which goes to the root of the contract and constitutes a breach of a vital term thereto. South africa has a bill of rights in our constitution bona fide in good faith, believing that you are doing something you have a right to do breach of contract breaking the terms agreed on in a contract bylaw law made by a local authority candidate attorney someone with a law. This is in fact merely another name for a fixed term.
Register for this contract management course to explore civil law. It presents a thorough and complete exposition of the general. This minidissertation explores the south african law of contract as influenced by the national credit act 34 of 2005. The national credit act has brought about a new era of consumer credit regulation and.
This essay continues the topic discussed in the previous essay by explaining the law of contract in south africa. Law of contract case summaries law of contract stuvia. Romeinshollandse reg is a casuistic judgemade legal system based on roman. Adam fletcher the role of good faith in the south african law of contract. Electronic contracts in south africa a comparative analysis.
Contract law is currently undergoing a process of thoughtful changes and renewals as they adapt to the needs of the new political era in south africa. The company is hugely successful and attracts international clients. Having particular regard to the developments in consumer protection law and constitutional jurisprudence, the fifth edition of contract. Access study documents, get answers to your study questions, and connect with real tutors for pvl 3702. Delve deeper into the concept of commercial law and contract law and how it originated and extended into south africa. South african contract law is essentially a modernized version of the romandutch law of contract, which is itself rooted in canon and roman laws. This was followed by the hugelysuccessful second edition. This paper will investigate the origin of the concept of public policy within the ambit of the south african common law. South african contract law is essentially a modernized version of the roman dutch law of contract, which is itself rooted in canon and roman laws. The law of contract in south africa, third edition, offers a concise, accessible and rigorous introduction to the general principles of contract law in south africa. South africa has a bill of rights in our constitution bona fide in good faith, believing that you are doing something you have a right to do breach of contract breaking the terms. To provide the students with an understanding of the historical development of the uniquely south african law of. Make sure you know the basic principles of law of contract.
Commercial and contract law uct online short course. Dec 22, 2019 the law of contract states that the first step required to form a valid contract is that an offer must be formally made by one of the parties to another. It has perhaps escaped notice that this is a translation of voets short compendium of the roman law called elementa juris augmented with extracts from vinnius ad institutiones where that author refers to some matter of modern practice. The law of contract in south africa dale hutchison, chris. The agreement to keep an offer open for a certain period of time.
This has allowed south africa to have a rich set of contract law. In the broadest definition, a contract is an agreement. Simply put, a contract is an agreement entered into between two or more parties with the serious intention of creating a legal obligation. The south african law of contract is derived from the roman law of obligations, in terms of which a legal tie was created between legal subjects, giving rise to rights and duties accepted by law. Contract law services south africa dreyer engelbrecht attorneys. A construction contract is an agreement between an employer sometimes referred to as the client and a contractor to construct, repair, modify, renovate or even demolish something in an agreed time frame. This means that each party has a legal obligation to do the things which the contract requires him or her to do.
A contract is a promise or a set of promises which the law will enforce. When does a foreign system of law apply to your contract. Consequently, the highest court in south africa has identified public policy as the general clause relating to the validity of contracts. Careful how you cancel a strict approach to following cancellation clauses in construction contracts. For a full list of cases, see the course outline for students, 2019. Contractual terms which are not in accordance with the constitution, will not be enforceable. Christie the law of contract in south africa 2006, 5th edition, butterworths.
Introduction the law of property in its widest sense deals with all assets that could form part of a persons estate. If a party does not do so, he or she may be in breach of the contract and the other party will have certain remedies, such as claiming for additional costs caused by the breach called damages. Introduction to the law of contract the law of contract forms. Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source. Basic principles of english contract law introduction this guide is arranged in the following parts. The common law of contract and the consumer protection act. It remains to this day a wellestablished and leading authority on the law of contract. Contracts are essential to regulate certain relationships as it provides certainty as to what the parties expect from each other. Jan 17, 20 this book introduces students to the general principles of contract law with specific application to south africa. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. South african consumers a very basic guide to contracts and what they mean in our law. These values became and remain underprivileged precisely because of south african contract laws preference for and commitment to liberal. Environment cbe, south african council for the quantity surveying profession sacqsp and south african council for project and construction management professions sacpcmp.
The law of contract in south africa dale hutchison. The law of contract states that the first step required to form a valid contract is that an offer must be formally made by one of the parties to another. Christies law of contract in south africa lexisnexis sa. South african music law, contracts and business 20 third. A contract can be defined as an agreement between two or more parties with the purpose to create and bind. The aforementioned doctrines and legal principles, even though not accepted as part of south african law, provide for the broadening of the initial concept of an. The law of contract in south africa 2012 2nd edition.
An employee on fixed term contract is entitled to paid annual leave and paid sick leave from the first day of employment, as well as family responsibility leave only after 4 months employment, in terms of the basic conditions of employment act. Contract law services south africa dreyer engelbrecht. A common example to elucidate upon this principle is found in the sale of property. The latest edition of this authoritative standard work on contract law has been updated to include the unusually large number of cases decided in the last 5 years.
This exploration will be conducted also in the context of whether at all and to what extent, if any, south african courts truly apply altruist values and fluid standards in their decisions on contract. It has perhaps escaped notice that this is a translation of voets short compendium of the roman law. Hutchison et al the law of contract in south africa oxford university press, 2009. These values became and remain underprivileged precisely because of south african contract laws preference for and commitment to liberal politics cast in formal rules. The secondary obligation on the part of the contract breaker. A general comparison between the principles of the law of specific contract in south africa and its english counterpart. Romandutch influence most visible in its substantive private law. It integrates the common law, statutory law and constitutional.