Now showing items 1-6 of 6
The legal nature of preference contracts
(Stellenbosch : Stellenbosch University, 2003-04)
ENGLISH ABSTRACT: The various constructions of rights of pre-emption encountered in South African case law all have some merit. This is confirmed by the multiplicity of types of preference contracts encountered in German ...
Price adaptation and the requirement of certainty with specific reference to the contract of sale
(Stellenbosch : Stellenbosch University, 1999-03)
ENGLISH ABSTRACT: This study addresses the well-established principle of South African law that a price in a contract of sale must be certain or objectively ascertainable. The interpretation given to this principle by ...
Ensuring contractual fairness in consumer contracts after Barkhuizen v Napier 2007 5 SA 323 (CC) – Part 1
(Juta Law Publishing, 2008-03)
Barkhuizen v Napier 2007 5 SA 323 (CC) has important implications for insurance law, contract law in general, and an understanding of the interface between private common law and the Bill of Rights. In this matter an ...
The use of black and grey lists in unfair contract terms legislation : a comparative perspective
(Juta Law, 2007-01)
This contribution considers the mechanism of lists of prohibited and suspect terms ('black lists' and 'grey lists') in unfair contract terms legislation from a comparative perspective. It sets out the arguments in favour ...
Which transactions trigger a right of first refusal or preferential right to contract
(Juta Law, 2006-01)
This contribution considers the delineation of the transactions that breach or 'trigger' a right of first refusal, thereby giving its holder the right to exercise his right and to enforce the main contract. Examples of ...
Remoteness and the limitation of contractual damages
(Stellenbosch : Stellenbosch University, 2016-12-07)
ENGLISH ABSTRACT : This study explores remoteness of contractual damages in South African law. The manner in which South African contract law limits the extent of a plaintiff's recovery of damages caused by breach is ...