Search results
Results from the WOW.Com Content Network
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 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 South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease (or letting and hiring, Lat locatio conductio, Afrik huur en verhuring). [1]: 906 This is broadly defined as a synallagmatic contract between two parties, the lessor and the lessee, in terms of which one, the ...
Law of South Africa. 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 ...
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 ...
Hansen, Schrader & Co. v De Gasperi. Hansen, Schrader & Co. v De Gasperi [1] is an important case in South African contract law. It was heard by Solomon J in the Witwatersrand High Court from April 15 to 16, 1903 .
BK Tooling (Edms) Bpk v Scope Precision Engineering (Edms) Bpk, [1] an important case in South African contract law, [2] was heard and decided in the Appellate Division on 16 September 1977 and 15 September 1978 respectively. The case dealt with remedies for the breach of a reciprocal contract in cases where the creditor has been prevented from ...
Coopers & Lybrand v Bryant. Coopers & Lybrand and Others v Bryant[1] is an important case in South African contract law, particularly in the area of contractual interpretation. It was heard in the Appellate Division by Joubert JA, EM Grosskopf JA, MT Steyn JA, Nienaber JA and Howie JA on 15 May 1995, with judgment handed down on 30 May.