Contract Law in South Africa - Brossura

Van Huyssteen, Louis F.; Maxwell, Catherine J.

Brossura

ISBN 10: 9041160655 ISBN 13: 9789041160652

Casa editrice: Kluwer Law Intl, 2015

Riassunto

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 and#8211; 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 and#8216;considerationand#8217; or and#8216;causeand#8217; and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of and#8216;relative effectand#8217;, 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.

Su questo libro

L'autore:

Prof. Dr Louis F. van Huyssteen obtained the LLB degree at the University of Stellenbosch, South Africa, the Drs. Jur. at the University of Leiden in the Netherlands and the LLD at the University of Cape Town, South Africa. He has taught the law of contract and related subjects for more than twenty-five years. He is the author of several books on the law of contract and has published extensively in local and international journals on this topic and on legal history. He was also a member of a specialist committee on unfair contracts of the South African Law Commission which ultimately led to new legislation on consumer protection. He has retired from full-time teaching, and is now practising in Cape Town, South Africa, as an attorney of the High Court and consultant and arbitrator, specializing in contract law and aspects of commercial law. He has also been appointed as a Mellon Senior Research Fellow in the Faculty of Law, University of the Western Cape. Dr Catherine J. Maxwell graduated from the University of Cape Town, South Africa, BA LLB (cum laude) and obtained an LLM degree from the University of Cambridge, followed by an LLD from the University of Cape Town. Until recently, she was an Associate Professor at the University of the Western Cape, where she taught the law of contract, the law of unjustified enrichment, the law of delict, property law, family law and legal history. She has been admitted as an Advocate of the High Court of South Africa.

Su questa edizione

• Editore: Kluwer Law Intl
• Data di pubblicazione: 2015
• ISBN 10: 9041160655
• ISBN 13: 9789041160652
• Rilegatura: Copertina flessibile
• Numero edizione: 4
• Numero di pagine: 346