,# 2016 University of South Africa
All rights reserved
Printed and published by the
University of South Africa
Muckleneuk, Pretoria
PVL3702/1/2017–2019
70517703
3B2
, CONTENTS
GENERAL OVERVIEW v
Study unit
NATURE AND BASIS OF CONTRACT 1
1 The nature of contract (introduction to the law of contract) 2
2 The basis of contract 8
3 Cornerstones of contract 12
4 The Consumer Protection Act 16
5 The impact of the Constitution 18
FORMATION OF CONTRACT 21
6 Offer and acceptance: the offer 22
7 Offer and acceptance: the acceptance 25
8 Pacta de contrahendo: options and rights of preference 28
9 Conflicting rights 38
10 Mistake/absence of consensus 41
11 Improperly obtained consensus: introduction 49
12 Misrepresentation 51
13 Duress 59
14 Undue influence 62
15 Commercial bribery 66
16 Consumer’s right to fair and honest dealing under the Consumer Protection Act 68
17 Legality: illegal contracts that are void 72
18 Legality: illegal contracts that are valid but unenforceable 76
REQUIREMENTS OF A VALID CONTRACT 79
19 Formalities 80
20 Possibility 83
21 Certainty 86
CONTENTS AND OPERATION OF A CONTRACT 89
22 Parties to contracts 90
23 Obligations and terms 93
24 Interpretation of contracts 99
(iii)
, BREACH OF CONTRACT AND REMEDIES 103
25 Breach of contract: introduction 104
26 Mora debitoris 106
27 Mora creditoris 109
28 Positive malperformance 112
29 Repudiation 114
30 Prevention of performance 116
31 Remedies for breach of contract: introduction, and choices, alternatives and concurrent remedies 118
32 Remedies for breach of contract aimed at keeping the contract alive: exceptio non adimpleti
contractus and specific performance 121
33 Cancellation 125
34 Damages 127
35 Interdict and declaration of rights 131
TRANSFER AND TERMINATION OF RIGHTS AND OBLIGATIONS 133
36 Cession 134
37 Introduction to termination of obligations and termination by performance 137
38 Termination of obligations by agreement 140
39 Termination of obligations by operation of law 143
BIBLIOGRAPHY 146
(iv)
All rights reserved
Printed and published by the
University of South Africa
Muckleneuk, Pretoria
PVL3702/1/2017–2019
70517703
3B2
, CONTENTS
GENERAL OVERVIEW v
Study unit
NATURE AND BASIS OF CONTRACT 1
1 The nature of contract (introduction to the law of contract) 2
2 The basis of contract 8
3 Cornerstones of contract 12
4 The Consumer Protection Act 16
5 The impact of the Constitution 18
FORMATION OF CONTRACT 21
6 Offer and acceptance: the offer 22
7 Offer and acceptance: the acceptance 25
8 Pacta de contrahendo: options and rights of preference 28
9 Conflicting rights 38
10 Mistake/absence of consensus 41
11 Improperly obtained consensus: introduction 49
12 Misrepresentation 51
13 Duress 59
14 Undue influence 62
15 Commercial bribery 66
16 Consumer’s right to fair and honest dealing under the Consumer Protection Act 68
17 Legality: illegal contracts that are void 72
18 Legality: illegal contracts that are valid but unenforceable 76
REQUIREMENTS OF A VALID CONTRACT 79
19 Formalities 80
20 Possibility 83
21 Certainty 86
CONTENTS AND OPERATION OF A CONTRACT 89
22 Parties to contracts 90
23 Obligations and terms 93
24 Interpretation of contracts 99
(iii)
, BREACH OF CONTRACT AND REMEDIES 103
25 Breach of contract: introduction 104
26 Mora debitoris 106
27 Mora creditoris 109
28 Positive malperformance 112
29 Repudiation 114
30 Prevention of performance 116
31 Remedies for breach of contract: introduction, and choices, alternatives and concurrent remedies 118
32 Remedies for breach of contract aimed at keeping the contract alive: exceptio non adimpleti
contractus and specific performance 121
33 Cancellation 125
34 Damages 127
35 Interdict and declaration of rights 131
TRANSFER AND TERMINATION OF RIGHTS AND OBLIGATIONS 133
36 Cession 134
37 Introduction to termination of obligations and termination by performance 137
38 Termination of obligations by agreement 140
39 Termination of obligations by operation of law 143
BIBLIOGRAPHY 146
(iv)
