Contract General Principles examines the concepts, principles and rules relating to contracts, and considers the jurisprudential, constitutional and social context in which contract law operates. The authors’ expert analysis and exposition of the legislative and common-law principles underlying the law of contract provides a rich, illuminating reading experience for legal practitioners, law students and members of the general public with an interest in the subject. The book explores the theoretical basis and structure of the South African law of contract and discusses the role played by the courts – including discussions of the latest court decisions – in the interpretation and application of these rules and principles. Where the law is not settled divergent opinions are considered and solutions offered, sometimes also with reference to foreign jurisdictions.
This fifth edition of Contract General Principles highlights the importance of the Consumer Protection Act in relation to the construction and conclusion of contracts, while close attention is also paid to the influence of constitutional jurisprudence and the principle of good faith in the formation of binding legal agreements. While the basic approach of the work has been retained, it has been substantially refined and reworked in many chapters.