Contract General Principles 4E
Contract General Principles takes an analytical approach to the concepts, principles and rules pertaining to contracts, while at the same time placing contracts and the law relating to contracts in a wider jurisprudential, Constitutional and social context.
The work combines an exposition and analysis of the theoretical basis and structure of the South African law of contract with a discussion of the application of these rules and principles by the courts. Where the law is not settled divergent opinions are considered and solutions offered, sometimes also with reference to foreign jurisdictions. The work also debates the path that should be taken to develop the law of contract in accordance with constitutional norms. Suggestions are made about the role of good faith in the conclusion and execution of contracts as one of the bases for the development of the common law.
This fourth edition of Contract General Principles takes cognisance of the latest developments in the law of contract, especially in respect of the influence of Constitutional jurisprudence, good faith and new legislation on contracts, in particular the Consumer Protection Act. The authors include discussions of the latest court decisions to illuminate the relevant legal principles and legislative provisions. While the basic approach of the work has been retained, it has been substantially refined and reworked where necessary, also to accommodate reviews of previous editions as far as practicable.