The Role of Unequal Bargaining Power in Challenging the Validity of a Contract in South African Contract Law PDF Download

Author: Micosha Palanee
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 158

View

Book Description

Author: Nonstikelelo Pearl Lugomo
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 0

View

Book Description

Author: Louis F. van Huyssteen
Publisher: Kluwer Law International B.V.
ISBN: 9403529334
Category : Law
Languages : en
Pages : 357

View

Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Author: Luanda Hawthorne
Publisher:
ISBN:
Category :
Languages : en
Pages : 20

View

Book Description
Both classical contract law and the classical conception of the rule of law have as their point of departure that inequality between individuals is the result of natural differences and capabilities and that recognition of formal equality is the only possibility. In line with this premise the judiciary is expected to merely apply abstract legal norms, and it is not the function of a judge to refer to policy considerations or consider the relative justice of individuals' claims. The judiciary may not make law or become involved in policy issues. However, the South African Constitution is expressly value-based and demands that the judiciary take cognizance of substantive values.

Author: Tafadzwa Nhunzwi
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

View

Book Description
This dissertation seeks to investigate and evaluate the inequality, abuse and supervision of the contract of residential lease in South Africa. It also attempts to answer three main questions: Whether the contract of residential lease is reeked with abuse of unequal bargaining power between the lessor and lessee? What protective measures are available in terms of legislation to guard against abuse of power and inequalities? Is the current legislation or set structures of contract of lease sufficient in addressing the problems between the lessor and lessee? The introduction is an overview of the general fundamental principles of the contract of residential lease focusing on duties of the parties within the contract. This analysis seeks to answer the following research questions; viz: What are the protective measures in legislation to guard against abuse and inequalities? Are the current regulations, supervisory measures, system, or structures of contract of lease sufficient in addressing the problems between the lessor and lessee? In attempting to answer the above questions I focused on the legislation regulating residential lease contract in South Africa. These are the Consumer Protection Act (CPA) 68 of 2008; the Rental Housing Act (RHA) 50 of 1999; the Rental Housing Amendment Act (RHAA) 35 of 2014; the Prevention of Illegal Eviction from Unlawful Occupation of Land Act (PIE) 19 of 1998; the Extension of Security of Tenure Act (ESTA) 62 of 1997; and the current Constitution of the Republic of South Africa, 1996 which is the supreme law of the land. Furthermore, I assessed the involvement of the Rental Housing Tribunals (RHTs) in the residential lease disputes. In addition, this research seeks to establish the extent to which the contract of residential lease in South Africa is reeked with abuse and inequality or unequal bargaining power between the contracting parties. To achieve this, I discussed the meaning of the terms "℗abuse', "℗−inequality', and "℗−unfair practice' and "℗−bargaining power' of the parties. Other aspects such as extra charges, repair or improvements, rent increase, security deposit were scrutinised to establish abuse or unfair practice and bargaining powers of the parties. Finally, a conclusion was drawn up and few suggestions or recommendations were provided on what South African legislators or set structures can do to prevent or regulate abuse, inequality and unfair practice within the contract of residential lease. The research has shown that abuse or unfair practice exists in residential lease contract. The second conclusion established is that the existing structures and fragmented provisions are enough to deal with the problems between the lessor and lessee, but it is the monitoring or supervision which requires more resources on existing set structures. I however disagree with the exclusion of section 14 of the CPA from governing of the lease as our courts has extended the meaning of the consumer to give rights to an occupant. Courts have also indicated that there is no requirement to inform the tenant that they have 20 business days to pay rent arrears before cancellation of lease.

Author: Richard Hunter Christie
Publisher:
ISBN: 9780409122541
Category : Contracts
Languages : en
Pages : 809

View

Book Description
"The seventh edition deals with recent case law on a variety of issues including electronic signatures; compliance with statutorily prescribed formalities for contractual validity; developments relating to agreements to negotiate; economic duress and undue influence; simulated contracts; reciprocity in contract; interim interdicts; and the remedy of specific performance. Additions that are more substantial include expanded treatment of the role of good faith in the law of contract. This tracks the continuing tension between the Supreme Court of Appeal and Constitutional Court regarding the extent of that role, with the latter court pressing for a greater role for good faith but not providing sufficient clarity on what good faith means in the context of contract law or on what role it envisages for good faith. This tension has caused difficulties which are reflected in certain High Court decisions."--Publisher's website.

Author: Alastair James Kerr
Publisher:
ISBN: 9780409037555
Category : Contracts
Languages : en
Pages : 932

View

Book Description

Author: Susan Hayter
Publisher:
ISBN: 9789221316091
Category : Collective labor agreements
Languages : en
Pages : 0

View

Book Description
Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.

Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545

View

Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author: Roger Brownsword
Publisher: Dartmouth Publishing Company
ISBN:
Category : Buena fe (Derecho)
Languages : en
Pages : 344

View

Book Description
In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.