The Law of Contract in South Africa, fourth edition, offers a concise, accessible and rigorous introduction to the general principles of contract law in South Africa. Balancing depth of explanation with exceptional clarity and an enquiring approach, the text guides readers to master their knowledge and to critically engage with the subject matter.
The fourth edition is revised and updated to address several significant developments.
Additional teaching presentation and assessment materials are available to support teaching and learning.
Authors: Dale Hutchison; Chris Pretorius; Jacques du Plessis; Sieg Eiselen; Tomas Floyd; Luanda Hawthorn; Birgit Kuschke; Catherine Maxwell; Tjakie Naude; Elizabeth de Stadler
- The Constitutional Court decision in Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others 2020 (5) SA 247 (CC), which clarifies the role of considerations of fairness, justice and reasonableness in the enforcement of contracts. The text discusses the import of this decision in relation to public policy as well as the development of the common law of contract to give effect to the spirit, purport and objects of the Bill of Rights.
- The judgment of Wallis JA in Natal Joint Municipal Pension Fund v Endumeni Mu nicipality 2012 4 SA 593 (SCA), which sets out a proper approach to the interpretation of legal documents, including contracts, has received general judicial sanction, including by the Constitutional Court. The effect of this
case on contractual interpretation is trenchantly analysed in light of recent developments in case law.
- Mokone v Tassos Properties CC and Another 2017 (5) SA 456 (CC), which exempts agreements of pre-emption (and by extension options) in res
Part One Nature and Basis of Contract
1Nature and Basis of Contract
Part Two Formation of a Contract
2Offer and acceptance
3Mistake / Absence of Consensus
4Improperly Obtained Consensus
Part Three Requirements of a Valid Contract
8Possibility and Certainty
Part Four Contents and operation of a Contract
9Parties to Contracts
10Obligations and Terms
11Interpretation of Contracts
Part Five Breach of Contract
12Forms of Breach
13Remedies for Breach
Part Six Transfer and Termination of Rights and Obligations
15Termination of Obligations
Part Seven Drafting
16Drafting of Contracts
Part Eight The Consumer Protection Act
17The Consumer Protection Act 68 of 2008