Masters Degrees (Mercantile Law)
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Browsing Masters Degrees (Mercantile Law) by Subject "Breach of contract -- South Africa"
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- ItemAn assessment of the South African law governing breach of contract : a consideration of the relationship between the classification of breach and the resultant remedies(Stellenbosch : Stellenbosch University, 2004-04) Venter, Cindy Michelle; Lubbe, G. F.; Stellenbosch University. Faculty of Mercantile Law. Dept. of Law.ENGLISH ABSTRACT: The South African system of breach of contract recognizes several distinct forms of breach. each encompassing its own set of requirements. Before one is able to determine the outcome and accordingly the rights of each contracting party in respect of an alleged breach of contract. the factual situation must be fitted into one of the recognized forms of breach. This has resulted in a highly complex system of breach of contract and resultant remedies. The existence of a direct relationship between the form of breach present in a factual situation and the remedies available to the innocent party is a fundamental premise of South African law and one that is often accepted without much investigation. This thesis investigates the extent of this interdependence and to establish whether this intricate system is necessary from a practical and a theoretical point of view. To this end. the thesis examines the less complex system of breach of contract as embodied in the United Nations Convention on Contracts for the International Sale of Goods C·CISG'·) which has been widely adopted in international trade. and which has provided a template for the reformation of various national systems of law. This study concludes that the South African approach to breach of contract and remedies is in need of reform. and that a unitary concept of breach could provide a basis for both a simplification and modernization of our law.