Contract Law in South Africa

4. Auflage 2015
ISBN: 978-90-411-6065-2
Verlag: Wolters Kluwer

Buch, Englisch, Gewicht: 454 g

Reihe: International Encyclopaedia of Laws

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law.
Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Autoren/Hrsg.

van Huyssteen, Louis F.

van der Merwe, Schalk W. J.

Maxwell, Catherine J.

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

The Authors List of Abbreviations General Introduction Chapter 1. Introduction to the Law of Contract Selected Bibliography Part I. General Principles of the Law of Contract Chapter 1. Formation Chapter 2. Requirements for Substantive Validity Chapter 4. Privity of Contract Chapter 5. The End of a Contract Chapter 6. Remedies Part II. Specific Contracts Chapter 1. Agency Chapter 2. Bailment Chapter 3. Aleatory Agreements Chapter 4. Sale of Goods Chapter 5. Letting and Hiring of Work and Building Contracts Chapter 6. Lease Chapter 7. Compromise Chapter 8. Suretyship Chapter 9. Pledge Chapter 10. Loan Chapter 11. Contracts with the State Chapter 12. Partnership Chapter 13. Quasi-Contracts Table of Cases Index