Supervening Impossibility Of Performance In The South African Law Of Contract
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Supervening Impossibility Of Performance In The South African Law Of Contract
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Author : William Arthur Ramsden
language : en
Publisher:
Release Date : 1985-01-01
Supervening Impossibility Of Performance In The South African Law Of Contract written by William Arthur Ramsden and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-01-01 with Contracts categories.
Impossibility Of Performance
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Author : Roy Granville McElroy
language : en
Publisher: Cambridge University Press
Release Date : 2014
Impossibility Of Performance written by Roy Granville McElroy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
This book, first published in 1941, provides a comprehensive analysis of impossibility in relation to contract law.
Contract Law In South Africa
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Author : Louis F. van Huyssteen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-02-22
Contract Law In South Africa written by Louis F. van Huyssteen and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.
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.
Effect Of War On Contract
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Author : Sir Frank Douglas MacKinnon
language : en
Publisher:
Release Date : 1917
Effect Of War On Contract written by Sir Frank Douglas MacKinnon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1917 with Contracts categories.
Frustration And Force Majeure
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Author : G. H. Treitel
language : en
Publisher:
Release Date : 1994-01-01
Frustration And Force Majeure written by G. H. Treitel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 with Contracts categories.
This is a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of Common Law jurisdictions.
Southern Cross
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Author : Reinhard Zimmermann
language : en
Publisher: Oxford University Press
Release Date : 1996
Southern Cross written by Reinhard Zimmermann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with History categories.
This book provides a history of some of the main institutions of South African private law and in so doing explores the process through which integration of the English common law and the continental civil law came about in that jurisdiction. Here is a book aimed at both European and South African audiences. For European lawyers it provides a stimulating insight into the way the process of harmonization of private law has occurred in South Africa and may occur within the European Union. By analysing the historical evolution of the most important institutions of the law of obligations and the law of property the book demonstrates how the two legal traditions have been accommodated within one system. The starting point for each essay is the "pure" Roman-Dutch law as it was transplanted to the Cape of Good Hope in the years following 1652 (and as it has been examined in considerable detail in another volume edited by Robert Feenstra and Reinhard Zimmerman, published in 1992). The analysis focuses on how the Roman-Dutch law has been preserved, changed, modified or replaced in the course of the nineteenth century when the Cape became a British colony; and on what happened after the creation of the union of South Africa in 1910. Each essay therefore attempts, in the field of law with which it is dealing, to answer questions such as: what was the level of interaction between the civil law and the common law? What were the mechanisms that brought about the particular form of competition, coexistence or fusion that exists in that area of law? Is the process complete or is it still continuing? Is it possible to observe the emergence, from these two routes, of a genuinely South African private law? How is the result to be evaluated? In establishing reception patterns at the level of specific areas of law, they go beyond generalization about the compatibility of the two traditions and present evidence of a possible symbiosis of English and Continental law. For South African readers the principal value of the book is that it offers essays by the most prominent South African private lawyers refelecting on the history of their subjects. It therefore constitutes the first stage in the writing of a history of substantive private law in South Africa. So far the focus has mainly been on the so called "external history" of South African law, and such texts as there are on the development of the institutions of private law are often in Afrikaans and mainly to be found in unpublished theses. Thus this book fulfils a real need for those teaching South African private law and legal history. Although the volume investigates a specific aspect of the making of modern South African law it is imperative not to lose sight of the fact that private law in that country, as every way else did not develop in a vacuum, but as part of a wider political and social prcess. For this reason the book opens with an essay which contextualizes the contributions that follow, giving a view of the "setting" in which the development of South Africa took place: colonial domination, cultural imperialism, and racial and nationalistic ideologies. Two further introductory essays pay specific attention to the impact of the procedural framework on the substantive private law and to the "architects" of the mixed system.
The Principles Of Brics Contract Law
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Author : Salvatore Mancuso
language : en
Publisher: Springer Nature
Release Date : 2022-08-09
The Principles Of Brics Contract Law written by Salvatore Mancuso and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-09 with Law categories.
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.
Introduction To The Law Of South Africa
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Author : C. G. Van der Merwe
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Introduction To The Law Of South Africa written by C. G. Van der Merwe and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
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.
The Law Of Obligations
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Author : Reinhard Zimmermann
language : en
Publisher: Clarendon Press
Release Date : 1996
The Law Of Obligations written by Reinhard Zimmermann and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Contracts (Roman law) categories.
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Regional Private Laws And Codification In Europe
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Author : Hector L. MacQueen
language : en
Publisher: Cambridge University Press
Release Date : 2003-10-16
Regional Private Laws And Codification In Europe written by Hector L. MacQueen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-10-16 with Law categories.
Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.