New to this edition: • The second edition is thoroughly updated, to refl ect issues and legal developments within the recent period, and includes diverse contributions that enrich scholarship.
• The second edition refl ects a more integral and expanded synthesis of common law and African customary law, throughout.
• The text off ers a new chapter that discusses customary law rights, responsibilities and ritual pertaining to children.
• The text includes a new chapter relating to surrogacy, IVF, and other forms of non-natural reproduction. • Where relevant, legal ethics, social justice, problem solving, and comparative aspects of law are foregrounded, at the appropriate level.
• The text’s unique pedagogical design strengthens the development of readers’ skills in critical and refl ective engagement with the subject matter.
• To support educational outcomes, teaching and learning material is enriched and expanded.
Table of Contents Part A: Introduction • Chapter 1: Introduction • Part B: Types of unions • Section 1:Civil Marriages • Chapter 2: Engagement • Chapter 3: Marriage • Chapter 4: The personal consequences of marriage • Chapter 5: Patrimonial consequences of marriage: general introduction • Chapter 6: Marriage in community of property • Chapter 7: Marriages out of community of property • Chapter 8: The dissolution of marriage • Chapter 9: Personal consequences of divorce, spousal maintenance and children • Chapter 10: Patrimonial consequences of divorce • Section 2: Other Unions • Chapter 11: Civil Unions • Chapter 12: Customary marriages • Chapter 13: Religious marriages • Chapter 14: The legal position life partners in South Africa • Part C: Children • Chapter 15: Parental responsibilities and rights • Chapter 16: International child abduction • Chapter 17: Adoption • Chapter 18: Inter-country adoption • Chapter 19: Surrogate motherhood • Chapter 20: Foster care • Chapter 21: Customary law rights, responsibilities and rituals relating to children • Part D: Family Law in Practice • Chapter 22 Family law in practice: courts, mediation, maintenance, and domestic violence
Lecturer resources • PowerPoint® teaching presentation • Assessment resources
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The Law of Contract in South Africa 3e
Content editors: D Hutchison and C Pretorius Authors: D Hutchison, C Pretorius, T Naude, J du Plessis, S Eiselen, T Floyd, L Hawthorn, B Kuschke, C Maxwell and E de Stadler
The Law of Contract in South Africa 3e provides a comprehensive, rigorous and accessible introduction to the principles of contract law. The text’s concise explanation assists readers to clearly understand the principles and nuances of the subject matter, while supporting the development of critical and refl ective thought.
New to this edition: • The text is updated to refl ect legal developments that have occurred during the recent period. These developments include the following: – the emerging debate relating to constitutionalism and legal certainty – the approach to the interpretation of contracts, as set out in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 (4) SA 593 (SCA) and Bothma-Batho Transport (Edms) Bpk v S Bothma & Seun Transport (Edms) Bpk 2014 (2) SA 494 (SCA)
– the impact of the Supreme Court of Appeal judgment in Spenmac v Tatrim 2015 3 SA 46, as it relates to principles of mistake and the absence of consensus in contract law
– various case law developments relating to non-variation clauses – the novel approach adopted in Born Free Investments 364 (Pty) Ltd v Firstrand Bank Ltd [2014] 2 All SA 127 (SCA), in relation to agreements in restraint of cession
– the suggestion by the Constitutional Court in Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1) SA 256 (CC) of a new approach to agreements to negotiate. • The content of the teaching/learning resources is enriched and expanded.
The text is directed at courses in contract law off ered in the LLB programme. It is also useful for practitioners who wish to clarify new or foundational principles.
Table of Contents Part One Nature and basis of contract contract
• Chapter 1: The nature and basis of contract • Part Two Formation of
• Chapter 2: Off er and acceptance • Chapter 3: Mistake/absence of consensus • Chapter 4: Improperly obtained consensus • Part Three Requirements of a valid contract
Formalities • Chapter 7: Legality • Chapter 8: Possibility and certainty • Part Four Contents and operation of a contract
contracts • Part Five Breach of contract
• Chapter 9: Parties to contracts • Chapter 10: Obligations and terms • Chapter 11: Interpretation of • Chapter 12: Forms of breach • Chapter 13: Remedies for breach •
• Chapter 5: Contractual capacity • Chapter 6: 9780190417529
PAPERBACK NOV 2017 OUP SA
560 PAGES 9780190419820
LAW: PRIVATE LAW
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