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A good deal of confusion has been caused in South African law by the expression warranty, which has a variety of technical meanings in English law. In South Africa, the word warranty is non-technical and simply means "term". Unfortunately, the use of the words condition and warranty in the English-law sense is relatively common in South Africa ...
The South African law of sale is an area of the legal system in that country that describes rules applicable to a contract of sale (or, to be more specific, purchase and sale, or emptio venditio), generally described as a contract whereby one person agrees to deliver to another the free possession of a thing in return for a price in money.
The act stipulates, in Section 13, obligations of all parties within a contract to act with utmost good faith. The New South Wales Court of Appeal case Burger King Corporation v Hungry Jack's Pty Ltd (2001) [27] was also concerned with good faith and referred to an earlier case, Renard Constructions v Minister for Public Works (1992). [28]
Negotiorum gestio ([nəˌgō.shē-ˈȯr-əm-ˈgestēˌō], Latin for "management of business") is a form of spontaneous voluntary agency in which an intervenor or intermeddler, the gestor, acts on behalf and for the benefit of a principal (dominus negotii), but without the latter's prior consent.
Members must act honestly and in good faith, and exercise their powers to manage or represent the close corporation in its best interests and for its benefit. [21] If there is a breach of these duties, the member will be liable to the close corporation for any loss suffered or benefit derived.
The law of lease is often discussed as a counterpart to the law of sale. South African law, like its Roman counterpart, recognises three forms of the contract of lease: locatio conductio rei, or renting or hire of a thing, movable or immovable; locatio conductio operarum, or employment contract or hire of labour between an employer and an ...
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A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...