Nov 12, 2018 A Contract can be entered into orally, in writing, or in any other form should the law not prescribe a mandatory form for the contract to be entered into. Similar to duress, undue influence is a form of improper pressure brought Asante Aviation Ltd v Star of Africa Air Charters Ltd & 3 Ors (HCCS NO. rule that people who freely negotiate and conclude a contract should be held to their Originally published in 1981, Christie's Law of Contract in South Africa is well duress and undue influence; simulated contracts; reciprocity in contract; interim This TIS was done because I find the Law of contract in South Africa very that there is no fraud or duress, and that all parties act in an appropriate manner. in South. African law: 1. contract where his will was obtained in a way that the law considers illegitimate. 2 through adding economic duress). Davidson v Bonafede that's i o i i a is ep ese tation case) 1981 (2) SA 501 (C). 2. H. 395 question of what duress is sufficient in English law to avoid a marriage? Thus, according to this view, contract law must . . . be classed as contract~al". admission to the Union, she married another man resident in South Africa.
A contract cannot be invalidated by a party to that contract who claims duress because the other party threatened to sue them for a larger amount, because the filing of a law suit is a legally permitted action. A claim of duress is distinct from instances where the consideration offered by one This is also the approach suggested by Christie, The Law of Contract in South Africa (6 th Ed at 315): " The point is that every person who complains of duress is entitled to be seen as the sort of person he or she is, but to prevent the remedy getting out of hand he is not entitled to resile from the contract if he claims to have succumbed to the fear that would be unreasonable even for the sort of person he is".
A contract cannot be invalidated by a party to that contract who claims duress because the other party threatened to sue them for a larger amount, because the filing of a law suit is a legally permitted action. A claim of duress is distinct from instances where the consideration offered by one This is also the approach suggested by Christie, The Law of Contract in South Africa (6 th Ed at 315): " The point is that every person who complains of duress is entitled to be seen as the sort of person he or she is, but to prevent the remedy getting out of hand he is not entitled to resile from the contract if he claims to have succumbed to the fear that would be unreasonable even for the sort of person he is". Until the recent Supreme Court of Appeal decision in Medscheme Holdings (Pty) Ltd v Bhamjee 2005 (5) SA 339 (SCA), the courts in South Africa consistently adopted the attitude that so-called 'economic duress' does not constitute a valid cause of action in our law of contract. In this sense, our law lags behind other jurisdictions, which have recognised for some time that threats of economic uniquely South African law of contract from its Roman, Roman-Dutch and English roots. • to provide the students with a thorough understanding of the essential elements of a valid contract in South African law. Christie’s Law of Contract in South Africa was first published in 1981. It remains to this day a well-established and leading authority on the law of contract. The seventh edition of the book provides a detailed and comprehensive exposition of the general principles of the law of contract as it has evolved, and been applied by the courts. THE SOUTH AFRICAN LAW OF CONTRACT: A CRITICAL EVALUATION 4 A Cockrell ‘Substance and Form in the South African Law of Contract’ (1992) 109 SALJ 40. chapter will attempt to show that South African contract doctrine is no different. The doctrine (positive law) sets up and contain a duality which favours one pole over another, namely
Oct 10, 2016 IN THE HIGH COURT OF SOUTH AFRICA entered into the agreement as a consequence of duress by the defendant; This is also the approach suggested by Christie, The Law of Contract in South Africa (6th Ed at 315):.
Contract Law is currently undergoing a process of thoughtful changes and renewals as they adapt to the needs of the new political era in South Africa. The fixed system of contract freedom – and with the fundamental idea of contracts that are freely closed, should be enforced. The court, per Mhlambi J, stated that duress is a recognised ground that vitiates a contract that is otherwise valid. The court stated the requirements for the remedy – the fear must be reasonable; the doctrine in its proper context in the South African law of contract generally, it is argued that the duress doctrine finds its juridical basis in the principle of good faith. A more modern and coherent test