1
, Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship, and education by publishing
worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
Published in South Africa by
Oxford University Press Southern Africa (Pty) Limited
Vasco Boulevard, Goodwood, N1 City, Cape Town, South Africa, 7460
P O Box 12119, N1 City, Cape Town, South Africa, 7463
Oxford University Press Southern Africa (Pty) Ltd 2022
The moral rights of the author have been asserted
First published 2009
Fourth edition published in 2022
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press Southern Africa (Pty) Ltd,
or as expressly permitted by law, by licence, or under terms agreed
with the appropriate reprographic rights organisation, DALRO, The Dramatic, Artistic
and Literary Rights Organisation . Enquiries concerning
reproduction outside the scope of the above should be sent to the Rights Department,
Oxford University Press Southern Africa (Pty) Ltd, at the above address.
You must not circulate this work in any other form
and you must impose this same condition on any acquirer.
The Law of Contract in South Africa
Print ISBN: 978-0-19-074694-0
ePUB ISBN: 978-0-19-073784-9
Digital conversion by Elspring Tech
2
, Acknowledgements
Publisher: Penny Lane
Project manager: Lindsay-Jane Lücks
Copy editor: Allison Lamb
Proofreader: Revenia Abrahams
Indexer: Language Mechanics
Designer: Barbara Hirsch
Typesetter: Barbara Hirsch
Cover designer: Judith Cross
The authors and publisher gratefully acknowledge permission to reproduce copyright material in this book.
Every effort has been made to trace copyright holders, but if any copyright infringements have been made,
the publisher would be grateful for information that would enable any omissions or errors to be corrected in
subsequent impressions.
Links to third party websites are provided by Oxford in good faith and for information only.
Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.
3
, PART ONE NATURE AND BASIS OF CONTRACT
Chapter 1 the nature and basis of contract
PART TWO FORMATION OF CONTRACT
Chapter 2 offer and acceptance
Chapter 3 mistake/absence of consensus
Chapter 4 improperly obtained consensus
PART THREE REQUIREMENTS OF A VALID CONTRACT
Chapter 5 contractual capacity
Chapter 6 formalities
Chapter 7 legality
Chapter 8 possibility and certainty
PART FOUR CONTENTS AND OPERATION OF A CONTRACT
Chapter 9 parties to contracts
Chapter 10 obligations and terms
Chapter 11 interpretation of contracts
PART FIVE BREACH OF CONTRACT
Chapter 12 forms of breach
Chapter 13 remedies for breach
PART SIX TRANSFER AND TERMINATION OF RIGHTS AND
OBLIGATIONS
Chapter 14 cession
Chapter 15 termination of obligations
PART SEVEN DRAFTING
Chapter 16 drafting of contracts
PART EIGHT THE CONSUMER PROTECTION ACT
Chapter 17 the consumer protection act 68 of 2008
4
, Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship, and education by publishing
worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
Published in South Africa by
Oxford University Press Southern Africa (Pty) Limited
Vasco Boulevard, Goodwood, N1 City, Cape Town, South Africa, 7460
P O Box 12119, N1 City, Cape Town, South Africa, 7463
Oxford University Press Southern Africa (Pty) Ltd 2022
The moral rights of the author have been asserted
First published 2009
Fourth edition published in 2022
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press Southern Africa (Pty) Ltd,
or as expressly permitted by law, by licence, or under terms agreed
with the appropriate reprographic rights organisation, DALRO, The Dramatic, Artistic
and Literary Rights Organisation . Enquiries concerning
reproduction outside the scope of the above should be sent to the Rights Department,
Oxford University Press Southern Africa (Pty) Ltd, at the above address.
You must not circulate this work in any other form
and you must impose this same condition on any acquirer.
The Law of Contract in South Africa
Print ISBN: 978-0-19-074694-0
ePUB ISBN: 978-0-19-073784-9
Digital conversion by Elspring Tech
2
, Acknowledgements
Publisher: Penny Lane
Project manager: Lindsay-Jane Lücks
Copy editor: Allison Lamb
Proofreader: Revenia Abrahams
Indexer: Language Mechanics
Designer: Barbara Hirsch
Typesetter: Barbara Hirsch
Cover designer: Judith Cross
The authors and publisher gratefully acknowledge permission to reproduce copyright material in this book.
Every effort has been made to trace copyright holders, but if any copyright infringements have been made,
the publisher would be grateful for information that would enable any omissions or errors to be corrected in
subsequent impressions.
Links to third party websites are provided by Oxford in good faith and for information only.
Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.
3
, PART ONE NATURE AND BASIS OF CONTRACT
Chapter 1 the nature and basis of contract
PART TWO FORMATION OF CONTRACT
Chapter 2 offer and acceptance
Chapter 3 mistake/absence of consensus
Chapter 4 improperly obtained consensus
PART THREE REQUIREMENTS OF A VALID CONTRACT
Chapter 5 contractual capacity
Chapter 6 formalities
Chapter 7 legality
Chapter 8 possibility and certainty
PART FOUR CONTENTS AND OPERATION OF A CONTRACT
Chapter 9 parties to contracts
Chapter 10 obligations and terms
Chapter 11 interpretation of contracts
PART FIVE BREACH OF CONTRACT
Chapter 12 forms of breach
Chapter 13 remedies for breach
PART SIX TRANSFER AND TERMINATION OF RIGHTS AND
OBLIGATIONS
Chapter 14 cession
Chapter 15 termination of obligations
PART SEVEN DRAFTING
Chapter 16 drafting of contracts
PART EIGHT THE CONSUMER PROTECTION ACT
Chapter 17 the consumer protection act 68 of 2008
4
