Contract: General Principles

Product Details:
Author(s):
Du Plessis, JE ,
Lubbe, GF ,
Reinecke, MFB and
Van Huyssteen, LF
Year Published:
2020
Edition
6th Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Contract: General Principles examines the concepts, principles and rules relating to contracts, and considers the jurisprudential, constitutional, and social context in which contract law operates. The authors’ expert analysis and exposition of the legislative and common-law principles underlying the law of contract provides a rich, illuminating reading experience for legal practitioners, law students, and members of the general public interested in the subject. The authors explore the theoretical basis and structure of the South African law of contract and discuss the role played by the courts – which includes discussions of the latest court decisions and other sources of reference – in the interpretation and application of these rules and principles. Where the law is not settled, divergent opinions are considered and solutions offered, often referring to foreign jurisdictions.
The sixth edition of Contract: General Principles highlights the importance of the Consumer Protection Act in relation to the construction and conclusion of contracts, and includes a discussion of new developments in the electronic age, including the use of smart contracts and their application to various aspects of contracting. Close attention is paid to the influence of constitutional jurisprudence and the role of good faith and ubuntu in the formation and enforcement of legal agreements, or as informing the application of the public policy standard. The treatment of the practical application of this standard in the context of agreements in restraint of trade has also been significantly expanded.
While the book’s basic approach has been retained, the chapters have been substantially refined and reworked with a sharper focus on the applicable principles and rules.
Content
Chapter 1: Introduction
Chapter 2: Basis of contractual liability
Chapter 3: Formation of contract
Chapter 4: Consensus obtained by improper means
Chapter 5: Formalities
Chapter 6: Initial possibility of performance
Chapter 7: Legality
Chapter 8: Certainty
Chapter 9: Parties, representatives and beneficiaries
Chapter 10: Contents, interpretation and operation of a contract
Chapter 11: Breach of contract 
Chapter 12: Remedies for breach of contract
Chapter 13: Cession
Chapter 14: Termination of obligations
Table of Cases
Table of Statutes
Index
Interest / Benefit to
Judges
Advocates
Attorneys
Magistrates
Legal advisors
Legal scholars and academics in the law of contract
Legal and academic libraries