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Union Government V Vianini Ferro-Concrete Pipes (Pty) Ltd
''Union Government v Vianini Ferro-Concrete Pipes (Pty) Ltd'' is an important case in South African contract law, heard in the Appellate Division by De Wet CJ, Watermeyer JA, Tindall JA, Centlivres JA and Feetham JA on 25 September – 15 October 1940. Facts In prior legal proceedings between the parties, it had been held that, upon a true construction of a certain written contract, the defendant government was under an obligation to purchase its requirements of certain concrete pipes from the plaintiff Vianini. Two declarations claiming in one case the price of certain pipes which it was alleged the Government required but had purchased elsewhere and in the other case damages in respect of a similar purchase of other pipes, the main plea was to the effect that the written contract was not the complete contract between the parties. The government pleaded in the alternative that, if the court found that the written contract was in fact the contract between the parties, by agreem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Contract Law
South African contract law is "essentially a modernized version of the Roman-Dutch law of contract",Du Plessis, et al. p.11. and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which persons can transact business and exchange resources, secure in the knowledge that the law will uphold their agreements and, if necessary, enforce them. The law of contract underpins private enterprise in South Africa and regulates it in the interest of fair dealing. Nature A contract in South Africa is classified as an obligationary agreement—it creates enforceable obligations—and ought therefore to be distinguished from liberatory agreements (whereby obligations are discharged or extinguished; e.g. release, novation), real agreements (whereby rights are transferred; e.g. cession, conveyance), and family law agreeme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
