Download or read book Christie s the Law of Contract in South Africa written by Richard Hunter Christie and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Christie s Law of Contract in South Africa written by Richard Hunter Christie and published by . This book was released on 2016 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The seventh edition deals with recent case law on a variety of issues including electronic signatures; compliance with statutorily prescribed formalities for contractual validity; developments relating to agreements to negotiate; economic duress and undue influence; simulated contracts; reciprocity in contract; interim interdicts; and the remedy of specific performance. Additions that are more substantial include expanded treatment of the role of good faith in the law of contract. This tracks the continuing tension between the Supreme Court of Appeal and Constitutional Court regarding the extent of that role, with the latter court pressing for a greater role for good faith but not providing sufficient clarity on what good faith means in the context of contract law or on what role it envisages for good faith. This tension has caused difficulties which are reflected in certain High Court decisions."--Publisher's website.
Download or read book The Law of Contract in South Africa written by Richard Hunter Christie and published by Butterworth-Heinemann. This book was released on 2006-01-01 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Christie s law of contract in South Africa written by G.B. Bradfield and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with recent case law on a variety of issues including electronic signatures; compliance with statutorily prescribed formalities for contractual validity; developments relating to agreements to negotiate; and more.
Download or read book Contract Law in South Africa written by Louis F. van Huyssteen and published by Kluwer Law International B.V.. This book was released on 2021-02-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Download or read book Introduction to the Law of South Africa written by C. G. Van der Merwe and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
Download or read book Unjust Enrichment in South African Law written by Helen Scott and published by A&C Black. This book was released on 2014-07-18 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.
Download or read book The Principles of BRICS Contract Law written by Salvatore Mancuso and published by Springer Nature. This book was released on 2022-08-09 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.
Download or read book Good Faith in Contract and Property Law written by A. D. M. Forte and published by Hart Publishing. This book was released on 1999 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a symposium held October 1998 at Aberdeen University.
Download or read book The Right to Equitable Remuneration in South African Copyright Law written by Julius Walther and published by LIT Verlag Münster. This book was released on with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The planned copyright reform is intended to implement a right to equitable remuneration for authors in the South African Copyright Act. This dissertation examines the claim from a legal policy perspective. After an introduction to the basics of the South African mixed-legal system, the foundations of contract and copyright law are examined. This is followed by an analysis of the current remuneration practice with collecting societies and international legislation. Against this background, the work ends with theses on the effectiveness of the newly introduced right to equitable remuneration.
Download or read book Universality of the Rule of Law written by Elmarie Fourie and published by African Sun Media. This book was released on 2022-01-25 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the result of a recent but intensive cooperation between the faculties of law of the universities of Ljubljana and Johannesburg. As is often the case in life, the starting point of this project was a friendship. A friendship between two law professors who, at the same point in time, became deans of their respective law schools – Prof Letlhokwa Mpedi (now Deputy Vice-Chancellor: Academic (UJ)) in Johannesburg and Prof Grega Strban in Ljubljana. They decided to connect their institutions in a formal way by establishing a cooperation that would outlive their mandates as deans and provide a professional platform for legal scholars of both universities to get first-hand insight into a very different legal system, thus widening their legal horizons and inspiring a different view and new solutions for their own national law. This noble endeavour has so far been a great success. What might have seemed an unlikely alliance proved to be an extremely valuable and inspiring experience both on a professional and personal level. The idea of this book was born after a joint conference held in Johannesburg in 2019. Here, experts from both institutions presented current relevant issues in different legal areas and discussed how both countries dealt with them. After insightful debates, it was decided that they should, on the one hand, be written down, and, on the other hand, that the written texts should not only reflect those debates but should broaden and deepen the research. It should not merely be a collection of conference papers, but a true scientific monograph, destined to legal scholars and practitioners, researching, teaching and practicing in national and international environments. Jerca Kramberger Škerl, Associate Professor, Faculty of Law, University of Ljubljana Elmarie Susan Fourie, Associate Professor, Faculty of Law, University of Johannesburg
Download or read book The Law of Contract in South Africa written by Richard Hunter Christie and published by Butterworth-Heinemann. This book was released on 1991 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Ethics written by B. D. Crozier and published by African Books Collective. This book was released on 2013 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is organised into eight parts: What are Professional Ethics?; Nature and Structure of the Profession; Common-law Ethical Duties of a Legal Practitioner; Statutory Duties of a Legal Practitioner; Administering Oaths; Cessation or abandonment of practice; Disciplinary Proceedings; and Judges Magistrates and Prosecutors.
Download or read book The BRICS Lawyers Guide to Global Cooperation written by Rostam J. Neuwirth and published by Cambridge University Press. This book was released on 2017-10-12 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of law in different areas of BRICS cooperation and the impact it can make on global governance.
Download or read book Labour Law in Namibia written by Collins Parker and published by African Books Collective. This book was released on 2012 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour Law in Namibia is the first comprehensive and scholarly text to analyse labour law in the country, the Labour Act of 2007, and how it affects the common law principles of employment relations. Concise and extensively researched, it examines the Labour Act in detail in 16 chapters that include the employment relationship; duties of employers and employees; unfair dismissal and other disciplinary actions; the settlement of industrial disputes; and collective bargaining. Over 500 relevant cases are cited, including court rulings in other countries, and comparative references to the labour laws of other Commonwealth countries, notably South Africa, Swaziland, Zambia and the United Kingdom, making it a reference and comparative source book for common law countries in the SADC region and beyond. Written by an authority in the field of labour law, this is a unique reference guide for key players in labour relations, including teachers and students of law, legal researchers and practitioners, human resource and industrial relations practitioners, employers and employer's organisations, employees and trade unions, public servants and public policy advisors, and the academic community internationally. In clear and uncomplicated English, the book is accessible to professional and lay people. A comprehensive list of contents, tables of cases and statues, bibliography and index, assist the reader.
Download or read book Remedies for International Sellers of Goods 2009 III written by Dennis Campell and published by Lulu.com. This book was released on 2009-08-03 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2009 RELEASE: "Remedies for International Sellers of Goods", a three-volume set with more than 1,800 pages, provides reports by business practitioners in North and South America, Asia and the Pacific, the Middle East, and Europe, reviewing the steps required to assure secured sales transactions and the remedies available in their respective countries to those involved in disputes over the crossborder sale of goods. The reports are prepared by local business practitioners. Order volumes I and II to complete the set. The publication is replaced by updated volumes annually. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.
Download or read book Private Law and Human Rights written by Elspeth Reid and published by Edinburgh University Press. This book was released on 2013-06-24 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.
