The Law of Contract in South Africa 4e

The Law of Contract in South Africa, Fourth Edition, offers a concise, accessible and rigorous introduction to the general principles of contract law in South Africa. Balancing depth of explanation with exceptional clarity and an enquiring approach, the text guides readers to master their knowledge and to critically engage with the subject matter. This edition of the work is revised and updated and addresses several significant developments, including: ƒ?½ The Constitutional Court decision in Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others 2020 (5) SA 247 (CC), which clarifies the role of considerations of fairness, justice and reasonableness in the enforcement of contracts. The text discusses the import of this decision in relation to public policy as well as the development of the common law of contract to give effect to the spirit, purport and objects of the Bill of Rights. ƒ?½ The judgment of Wallis JA in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA), which sets out a proper approach to the interpretation of legal documents, including contracts, has received general judicial sanction, including by the Constitutional Court. The effect of this case on contractual interpretation is trenchantly analysed in light of recent developments in case law. ƒ?½ Mokone v Tassos Properties CC and Another 2017 (5) SA 456 (CC), which exempts agreements of pre-emption (and by extension options) in respect of the sale of land from the formal requirements of section 2(1) of the Alienation of Land Act 68 of 1981. ƒ?½ Basson and Others v Hanna 2017 (3) SA 22 (SCA), which permits an award of damages, as a surrogate of performance, in appropriate circumstances where specific performance is impossible.