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South African contract law is "essentially a modernized version of the Roman-Dutch law of contract ", [ 1 ] and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which ...
The Law of Contract in South Africa. Edited by Dale Hutchison, Chris-James Pretorius, Mark Townsend and Helena Janisch. Cape Town, Western Cape: Oxford University Press, 2010. Lubbe, GF, and CM Murray. Farlam and Hathaway Contract: Cases, Materials and Commentary. 3rd Edition. Lubbe & Murray, 1988. Cases
The Law of Contract in South Africa. Edited by Dale Hutchison, Chris-James Pretorius, Mark Townsend and Helena Janisch. Cape Town, Western Cape: Oxford University Press, 2010. Holmdene Brickworks (Pty) Ltd v Roberts Construction Co Ltd 1977 (3) SA 670 (A). Prescribed Rate of Interest Act 55 of 1975.
The case is famous primarily for its articulation of the fundamental precept of contractual interpretation in South Africa: . The golden rule applicable to the interpretation of all contracts is to ascertain and to follow the intention of the parties; and, if the contract itself, or any evidence admissible under the circumstances, affords a definite indication of the meaning of the contracting ...
Coutts sent wool for sale to Jacobs, brokers of East London in the Eastern Cape, with the request that they should "do the best for me."Jacobs sold odd bales, but eventually Coutts caused the remainder of the wool to be removed from Jacobs and handed to other brokers for sale, paying a sum claimed by Jacobs as brokerage on the unsold portion subject to Coutts's right to recover same.
Alfred McAlpine & Son (Pty) Ltd v Transvaal Provincial Administration[ 1 ] is an important case in the South African law of contract, heard in the Appellate Division from 18 to 21 February 1974, and decided on 20 May. The case concerned a contract to build a portion of a national road, into which contract an exceptional number of variations was ...
Wells v SA Alumenite. Wells v SA Alumenite Co.[1] is an important case in South African contract law, heard in the Appellate Division in Bloemfontein, on 6 October 1926, with judgment delivered on 11 October. Innes CJ, De Villiers JA, Kotzé JA, Wessels JA and Stratford AJA were the judges.
Aucamp v Morton [1] is an important case in South African contract law. It was heard in the Appellate Division by Watermeyer CJ , Centlivres JA , Schreiner JA , Van den Heever JA and Fagan AJA on 7 and 8 June 1949, with judgment on 21 June.