The Law of Contract in South Africa 4e NEW
Content editors: D Hutchison and C Pretorius
Authors: D Hutchison, C Pretorius, J du Plessis, S Eiselen, T Floyd, L Hawthorn, B Kuschke, C Maxwell, T Naude and E de Stadler
The Law of Contract in South Africa, fourth edition, offers a concise, accessible and rigorous introduction to
the general principles of contract law in South Africa. Balancing depth of explanation with exceptional
clarity and an enquiring approach, the text guides readers to master their knowledge and to critically engage
with the subject matter.
The fourth edition is revised and updated to address several significant developments that have occurred
within the recent period.
The Law of Contract in South Africa, fourth edition, is suited as core material for courses in contract law, at
undergraduate or postgraduate level. It is also a useful resource for practitioners who may wish to engage
with foundational and current principles of the field.
New to this edition:
OUP SA
The fourth edition is revised and updated to address several significant developments, including:
• The Constitutional Court decision in Beadica 231 CC and Others v Trustees for the time being of the Oregon
Trust and Others 2020 (5) SA 247 (CC), which clarifies the role of considerations of fairness, justice and OCT 2022
reasonableness in the enforcement of contracts. The text discusses the import of this decision in
relation to public policy as well as the development of the common law of contract to give effect to
the spirit, purport and objects of the Bill of Rights. PAPERBACK
• The judgment of Wallis JA in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593
(SCA), which sets out a proper approach to the interpretation of legal documents, including
576 PAGES
contracts, has received general judicial sanction, including by the Constitutional Court. The effect of
this case on contractual interpretation is trenchantly analysed in light of recent developments in case
law. 9780190746940
• Mokone v Tassos Properties CC and Another 2017 (5) SA 456 (CC), which exempts agreements of
pre-emption (and by extension options) in respect of the sale of land from the formal requirements
of section 2(1) of the Alienation of Land Act 68 of 1981. 9780190750237
• Basson and Others v Hanna 2017 (3) SA 22 (SCA), which permits an award of damages, as a surrogate of
performance, in appropriate circumstances where specific performance is impossible.
The text is directed at courses in contract law offered 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 • Chapter 1 Nature and Basis of Contract • Part Two Formation of a
Contract • Chapter 2 Offer and acceptance • Chapter 3 Mistake / Absence of Consensus • Chapter 4 Improperly
Obtained Consensus • Part Three Requirements of a Valid Contract • Chapter 5 Contractual Capacity • Chapter 6
Formalities • Chapter 7 Legality • Chapter 8 Possibility and Certainty • Part Four Contents and operation of a
Contract • Chapter 9 Parties to Contracts • Chapter 10 Obligations and Terms • Chapter 11 Interpretation of
Contracts • Part Five Breach of Contract • Chapter 12 Forms of Breach • Chapter 13 Remedies for Breach • Part
Six Transfer and Termination of Rights and Obligations • Chapter 14 Cession • Chapter 15 Termination of
Obligations • Part Seven Drafting • Chapter 16 Drafting of Contracts • Part Eight The Consumer Protection Act •
Chapter 17 The Consumer Protection Act 68 of 2008
Lecturer resources
• PowerPoint® slides
• Question bank
• Assessment resources
• Auto-graded assessment
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