Ads
related to: contract liability in south africa for non resident
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.
The exceptio non adimpleti contractus is a defence that can be raised in the case of a reciprocal contract.In essence, it is a remedy that allows a party to withhold his own performance, accompanied by a right to ward off a claim for such performance until the other party has duly performed his or her obligations under the contract.
The contract of sale, as it is known in South Africa today, derives its origins from the Roman consensual contract of emptio venditio.In D 18.1 (the title devoted to the contract of emptio venditio), there is no all-embracing definition of the special contract, but certain critical features can be extracted from the early fragments of the title:
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”).
Main page; Contents; Current events; Random article; About Wikipedia; Contact us
Where a contract or term is voidable, the party entitled to avoid may either conditionally or unconditionally choose to affirm the contract or term as outlined in Article 3.2.9 of the Principles which states that "if the party entitled to avoid the contract expressly or impliedly confirms the contract after the period of time for giving notice ...
Basic Contract Law according to the UN Convention on Contracts for the International Sale of Goods(CISG)." 120. Moss, Sally, 'Why the United Kingdom Has Not Ratified the CISG' (2005) 1 Journal of Law and Commerce 483. Pace International Law Review, (ed) Review of the Convention on Contracts for the International Sale of Goods (CISG) (1st ed, 1998).
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.
Ads
related to: contract liability in south africa for non resident