The law of contract in south africa christie pdf

Contract law in the brics countries chapter 11 the brics. The law of contract in south africa 3e provides a comprehensive, rigorous and accessible introduction to the principles of contract law. D 45 1 7 5 and see fryes pty ltd v ries 1957 3 sa 575 a 10 rh christie the law of contract in south africa 3rd ed at 101 illustrates the principle that the impossibility must be absolute, thus. In particular, it looks at the supreme court of appeal decisions which have settled or fundamentally changed the law in a number of areas. Contract law services south africa dreyer engelbrecht attorneys. South african contract law is essentially a modernized version of the romandutch law of contract, which is itself rooted in canon and roman laws. The law of contract in south africa richard hunter christie. The law of contract in south africa by christie, r. The law of contract in south africa cape town, 2011 at 363ff. The doctrine positive law sets up and contain a duality which favours one pole over another, namely. The law of contract in south africa paperback, 3rd edition.

Zimbabwe, writes of a tribuie paid recently to mr justice michael. Designed to reflect the content of an undergraduate llb course, the. The law of building contracts and arbitration in south africa by mckenzie, h. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Its purpose is to take you through each topic in the syllabus for elements of the law of contract in a way which will help you to understand contract law. Christie and bradfield christie s the law of contract in south africa 2016, 7th ed, butterworths. Creator hutchison, dale subjects contracts south africa. As far as textbooks are concerned, there is a prescribed text. A contract can be defined as an agreement between two or more parties with the purpose to create and bind them in a commitment. Originally published in 1981, christie s law of contract in south africa is well established as a leading authority in the field of contract law.

It integrates the common law, statutory law and constitutional perspectives. The prescribed textbook is hutchison et al, the law of contract in south africa 3rd ed oxford university press, 2018. It remains to this day a wellestablished and leading authority on the law of contract. 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. The text presents fundamental principles within a clear and applied framework, and supports independent, enquiring and critical engagement with the subject matter. Christies law of contract in south africa was first published in 1981. The fixed system of contract freedom and with the fundamental idea of contracts that are freely closed, should be enforced. Salona lutchman is a senior lecturer in the department of public law at the university of cape town. Christie and bradfield christies the law of contract in south africa 2016, 7th ed, butterworths. Administrative appeals tribunal act 1975 australia. Sharrock the law of contract in lawsa vol 51 2004 butterworths. Law of contract in south africa paperback, 6th edition author.

Contract law south africa has been influenced by romandutch law of contract which has been further influenced in canon and roman laws. Pdf specific performance as a primary remedy in the south. 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. Currently, salona is a phd candidate at the faculty of law at the university of cape town. 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. The constitutionalisation of the test for statutory illegality in south african contract law. Prior to the advent of democracy in 1994 and the constitutional order, segregationist policies were essential aspect of government policy. R h dick christie qc, former frofessor of law in the university 0. Pdf specific performance as a primary remedy in the. This book introduces students to the general principles of contract law with specific application to south africa. Nlany south african law students, at least those of some years. 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 law of contract in south africa dale hutchison, chris. 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. General principles provides a comprehensive guide to understanding the general principles of the law of contract in south africa sa. Contracts are essential to regulate certain relationships as it provides certainty. Aug 17, 2018 fundamental requirements of a valid contract protecting contracting parties rights. Christie the law of contract in south africa 2006, 5th edition, butterworths. Christie, the law of contract in south africa, 2ed, 1991, at 1. Chapter constitutional issues surrounding the law of. Christie and bradfield christies the law of contract in south africa 2016, 7th ed.

Law of contract in south africa paperback, 6th edition. These rights were only effective between the particular legal subjects concerned and were therefore known as personal rights, as opposed to real. Today, south africa retains a plural legal system, with customary law remaining a legal system for those who wish to be subject to it. Having particular regard to the developments in consumer protection law and constitutional jurisprudence, the fifth edition of contract. President, association of arbitrators southern africa, honorary professional reseach associate, university of cape town. The law of contract and the law of unfair dismissal in terms of the lra. Our covid19 community guidelines tips, advice and news related to. Access study documents, get answers to your study questions, and connect with real tutors for law pvl 3702. The publication comprises different chapters, which include. General clauses and standards in european contract law comparative law, ec law and contract law codification the hague, 2006 5776. A contract can be defined as an agreement between two or more parties with the purpose to create and bind. It must not be taken as a substitute for reading the texts, cases, statutes and journals.

However, formatting rules can vary widely between applications and fields of interest or study. 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. In order to decide this issue, it is necessary to give a brief overview of the status of the contract of employment and the rights that a contracting party has in terms of the law of contract visavis the right not to be unfairly dismissed. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Hutchison et al the law of contract in south africa oxford university press, 2009. Christie is the author of business law in zimbabwe 3. Integrating the common law, statutory law, and constitutional perspectives, the text provides all of the essential material within a comprehensive source. This has allowed south africa to have a rich set of contract law. By helena roodt on august 17, 2018 in publications, contract drafting, commercial law in the twenty first century, contracts have become a part of our everyday lives from cell phone contracts, service provider contracts, employment contracts, leasing. In his analysis of form and substance in the south african law of contract. Christie rh the law of contract in south africa 3 rd edition duran. Originally published in 1981, christies law of contract in south africa is well established as a leading authority in the field of contract law. Christies the law of contract in south africa book, 2011. The discourse also underlines the value approach south african law has adopted since the introduction of the new south african constitutional order.

Burrows, the will theory of contract revived frieds contract as promise, 1985 current legal problems 141, asserts that in terms of this theory a contract is based on a promise and a promise as being a voluntry acceptance of an obligation. Contract law services south africa dreyer engelbrecht. Jubi properties pty ltd applicant and genia stephanie boyce respondent 1 reportable. Current south african law on standard form contracts unfair. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel.

A contract between a and b cannot be enforced by c even if c is intended to benefit from the performance of the contract a contract between a and b cannot be enforced against c even if the contract purports to make c liable see trident general insurance v mcneice bros 1988 the rule of privity of contract may be circumvented by. 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 texts concise explanation assists readers to clearly understand the nuances of the subject matter, while developing applied, critical and reflective thought. Fundamental requirements of a valid contract protecting. The law of contract in south africa book, 2001 worldcat. Christies law of contract in south africa lexisnexis sa. The text supports learning and the development of independent academic skills through various learning features. The latest edition of this authoritative standard work.

Contract law in the brics countries chapter 11 the. All law may not conflict with the south african constitution. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle. 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. Sixth edition june 2014 one of the many definitions. Numerous and frequentlyupdated resource results are available from this search. She is an admitted attorney and notary of the high court of south africa. The law of contract in south africa richard hunter. Contracts are essential to regulate certain relationships as it provides certainty as to what the parties expect from each other. It presents a thorough and complete exposition of the general principles of the law of contract as evolved and applied by the courts.

Temporary out of stock estimated delivery within 15 days. Contract law provides a legal framework within which persons can transact. Christies law of contract in south africa thorolds. Jan 17, 20 this book introduces students to the general principles of contract law with specific application to south africa. Specific performance as a primary remedy in the south african law of contract. The law of contract in south africa paperback, 3rd. This includes a discussion of how the constitution and the bill of rights have impacted on the law, in general, in south africa.