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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 ...
An option contract is a type of contract that protects an offeree from an offeror's ability to revoke their offer to engage in a contract. Under the common law, consideration for the option contract is required as it is still a form of contract, cf. Restatement (Second) of Contracts § 87(1).
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.
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.
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
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 ...
Delmas Milling Co Ltd. v Du Plessis [1] is an important case in South African contract law. It was heard in the Appellate Division by Centlivres CJ, Schreiner JA, Van Den Heever JA, Hoexter JA and Fagan JA on June 13, 1955, with judgment handed down on June 20. It was an appeal from a decision in the Transvaal Provincial Division, which it upheld.
First National Bank of SA Ltd v Lynn NO and Others [1] is an important case in South African contract law, especially in the area of cession.It was heard in the Appellate Division of the Supreme Court by Joubert JA, Nestadt JA, Van den Heever JA, Olivier JA and Van Coller AJA on 19 September 1995, with judgment passed on 29 November.