This book, first published in 1967, is one of the standard works on the law of contract in South Africa.
Edition/issue: Sixth
Published: December 2002
Publisher: LexisNexis South Africa
This book, first published in 1967, is one of the standard works on the law of contract in South Africa.
It is divided into seven parts, dealing with the basis of contracts; the formation thereof, the contents of contracts and how the provisions are to be interpreted; the transfer of contractual rights and obligations; the termination of contracts; breach; and remedies, which includes a detailed discussion of damages.
Part 1 - The Basis of Contracts
Chapter 1 - The nature of contracts
Chapter 2 - Theories of contract
Part 2 - The Formation of Contracts
Chapter 3 - Communication between the parties
Chapter 4 - Intention to contract
Chapter 5 - Entering into a contract
Chapter 6 - The sphere of operation of a contract
Chapter 7 - Iusta causa: redelijke oorzaak
Chapter 8 - Agreements contrary to law, morality, or public policy or the enforcement of which is against the public interest
Chapter 9 - Absence at the time agreement is reached of the circumstances necessary for the operation of the contract
Chapter 10 - Disagreement
Chapter 11 - Common mistake
Part 3 - The Contents of Contracts
Chapter 13 - The provisions of a contract
Chapter 14 - The interpretation of express provisions
Chapter 15 - Terms, conditions, warranties
Chapter 16 - Variation and waiver
Part 4 - The Transfer of Contractual Rights and Obligations
Chapter 17 - The transfer of contractual rights
Chapter 18 - Cession in securitatem debiti
Chapter 19 - The transfer of contractual obligations
Part 5 - The Termination of Contracts
Chapter 20 - The termination of a contract
Part 6 - Breach of Contract
Chapter 21 - Breach of contract
Chapter 22 - The court's discretion concerning the enforcement of a contract and the raising of defences
Part 7 - Remedies for Breach of Contract
Chapter 23 - Choice of remedies
Chapter 24 - Prevention of a threatened breach of contract
Chapter 25 - Where the aggrieved party disregards the contract
Chapter 26 - Specific performance
Chapter 27 - Cancellation
Chapter 28 - Damages
Chapter 29 - Restitution
Chapter 30 - Interdict
Appendices -
Appendix A - Contracts by a person professing to act as agent or trustee for a company not yet incorporated: the requirement of writing
Appendix B - Hadley v Baxendale