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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.
Jacobson P ‘Wealth of legal information available on the Web now, for free’ Jacobson Attorneys blog, December 2006; Kabalu A 'SAFLII Report to the Southern Africa Judges Commission'. Retrieved 2 May 2012. Montgomery J ‘Free access to primary legal documents in Southern Africa’ 15(1) Organisation of SA Law Libraries (OSALL) Newsletter ...
This page was last edited on 9 December 2014, at 01:45 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply.
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.
Strydom argued further that the Constitution of the Republic of South Africa obliges every court, when developing the common law, to promote the spirit, purport and object of the Bill of Rights. [2] In considering the question of whether or not a particular contractual term conflicts with the public interest, account must be taken of the ...
Roman-Dutch law adopted this position, and it is still in force in South Africa. The modern contract of lease is therefore the Roman locatio conductio rei, the rental or hire of a thing. Contrary to Roman law, however, is that in South Africa prevails the Roman-Dutch doctrine of huur gaat voor koop (“lease trumps sale”).
The law of agency in South Africa regulates the performance of a juristic act on behalf or in the name of one person ("the principal") by another ("the agent"), who is authorised by the principal to act, with the result that a legal tie (vinculum juris) arises between the principal and a third party, which creates, alters or discharges legal relations between the principal and a third party.
Pages in category "South African contract law" The following 3 pages are in this category, out of 3 total. This list may not reflect recent changes. ...