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South African Contract Law
South African contract law is a modernised form of Roman-Dutch law rooted in canon law, canon and Roman law, Roman legal traditions.Du Plessis, et al. p.11. It governs agreements between two or more parties who intend to create legally enforceable obligations. This legal framework supports private enterprise in South Africa by ensuring agreements are upheld and, if necessary, enforced, while promoting fair dealing. Influenced by English contract law, English law and shaped by the Constitution of South Africa, contract law balances freedom of contract with public policy considerations, such as fairness and constitutional values. Nature A contract in South Africa is an agreement that creates enforceable obligations, distinct from agreements that discharge obligations (e.g., release), transfer rights (e.g., cession), or govern family matters (e.g., marriage settlements).Du Plessis, et al. p.4. Contracts are classified as obligationary agreements, requiring mutual consent and seri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DOUBLE
Double, The Double or Dubble may refer to: Mathematics and computing * Multiplication by 2 * Double precision, a floating-point representation of numbers that is typically 64 bits in length * A double number of the form x+yj, where j^2=+1 * A 2-tuple, or ordered list of two elements, commonly called an ordered pair, denoted (a,b) * Double (manifold), in topology Food and drink * A drink order of two shots of hard liquor in one glass * A "double decker", a hamburger with two patties in a single bun Games * Double, action in games whereby a competitor raises the stakes ** , in contract bridge ** Doubling cube, in backgammon ** Double, doubling a blackjack bet in a favorable situation ** Double, a bet offered by UK bookmakers which combines two selections * Double, villain in the video game '' Mega Man X4'' * A kart racing game '' Mario Kart: Double Dash'' * An arcade action game '' Double Dragon'' Sports * Double (association football), the act of a winning a division ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Van Wyk V Lewis
''Van Wyk v Lewis''1924 AD 438. is an important case in South African law, particularly in the area of delict and on the question of negligence. Facts The defendant, a surgeon, had performed an urgent and difficult abdominal operation upon the plaintiff. The operation took place in a hospital at night, assisted by an anesthetist and a qualified nurse on the hospital staff who acted as theatre sister. At the conclusion of the operation, one of the swabs used by the defendant was overlooked and remained in plaintiff's body, from which it passed after a lapse of twelve months. The evidence showed that: * in accordance with the usual practice at the hospital, the defendant had relied upon the sister to count and check the swabs used; * at the conclusion of the operation, he made as careful a search as the critical condition of the patient permitted; and that * both he and the sister believed that all the swabs were accounted for before the wound was sewn up. Judgment In an action ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ecclesiastical Court
In organized Christianity, an ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Historically, they interpret or apply canon law. One of its primary bases was the of Justinian, which is also considered the source of the civil law legal tradition. In the United Kingdom, secular courts that took over the functions of the ecclesiastic courts, e.g. in family law, are still known as ''courts ecclesiastical'' as distinct from ''courts temporal''. Medieval courts In the Middle Ages, ecclesiastical courts had much wider powers in many areas of Europe than they did after the development of nation states. They held jurisdiction over not only religious matters, but also family law, equitable relief, probate, and cases involving priests, religious communities, or public heretics. Secular courts in medieval times were numerous and d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pacta Sunt Servanda
''Pacta sunt servanda'' ("agreements must be kept.") is a brocard and a fundamental principle of law which holds that treaties or contracts are binding upon the parties that entered into the treaty or contract. It is customary international law. According to Hans Wehberg, a professor of international law, "few rules for the ordering of Society have such a deep moral and religious influence" as this principle. In its most common sense, the principle refers to private contracts and prescribes that the provisions, i.e. clauses, of a contract are law between the parties to the contract, and therefore implies that neglect of their respective obligations is a violation of the contract. The first known expression of the brocard is in the writings of the canonist Cardinal Hostiensis from the 13th century AD, which were published in the 16th. Modern jurisprudence In both civil law and common law jurisdictions, the principle is related to the general principle of correct behavior in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Promise
A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity for good, similar to a value that is to be realized in the near future. In the law of contract, an exchange of promises is usually held to be legally enforceable, according to the Latin maxim ''pacta sunt servanda''. Types There are many types of promises. There are solemn promises, such as marriage vows or military oaths and are conventions. There are legal contracts, enforceable by law. Or, there are fairy tale promises, regrettable and problematic at the time, they must be honored. And lastly, there are election promises, commitments that most people realize will later be shaped by politics and compromise. Both an oath and an affirmation can be a promise. One special kind of promise is the vow. A notable type of promise is an ele ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nudum Pactum
in Latin literally means or . In common law, it refers to a promise that is not legally enforceable for want of consideration. An example of a nudum pactum would be an offer to sell something without a corresponding offer of value in exchange. While the offer may bind a person morally, since the offer has not been created with any consideration, it is gratuitous and treated as a unilateral contract. The offer is therefore revocable at any time by the offeror before acceptance by the offeree. In the US, the Uniform Commercial Code has invalidated the doctrine of as it applies to offers made by "merchants" under the firm offer rule under certain circumstances. It holds that those offers are legally enforceable in a manner similar to option contracts. See also *Contract *Option contract An option contract, or simply option, is defined as "a promise which meets the requirements for the formation of a contract and limits the promisor's power to revoke an offer". Option contrac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obligatio Consensu
''Consensu'' or ''obligatio consensu'' or ''obligatio consensu contracta'' or ''obligations ex consensu''George Bowyer, ''Commentaries on the Modern Civil Law'' (London: V & R Stevens and G S Norton, 1848), chapter 26p 201 or ''contractus ex consensu'' or ''contracts consensu'' or ''consensual contracts'' or obligations by consent are, in Roman law, those contracts which do not require formalities. These contracts were formed by the mere consent of the parties, there being no requirement for any writing or formalities, nor even for the presence of the parties. Such contracts were bilateral, that is to say, they bound both parties to them. Such contracts depended on the '' ius gentium'' for their validity and were enforced by praetorian actions, ''bonae fidei'', and not by actions ''stricti juris'', as were the contracts which depended on the classical ''ius civile'' of Rome. The term ''consensual'' does not mean that the consent of the parties is more emphatically given than in o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Property Law
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary management relationships between persons (both natural and juristic), as well as their rights and obligations.Mostert & Pope 6. The protective clause for property rights in the Constitution of South Africas 25. stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negotiorum Gestio
''Negotiorum gestio'' (, Latin for "management of business") is a form of spontaneous voluntary agency in which an intervenor or intermeddler, the ''gestor'', acts on behalf and for the benefit of a principal (''dominus negotii''), but without the latter's prior consent. The gestor is only entitled to reimbursement for expenses and not to remuneration, the underlying principle being that ''negotiorum gestio'' is intended as an act of generosity and friendship and not to allow the gestor to profit from his intermeddling. This form of intervention is classified as a quasi-contract and found in civil-law jurisdictions and in mixed systems (e.g. Louisiana, Scots, South African, and Philippine laws). For example, while you are traveling abroad, a typhoon hits your home town and the roofing of your house is in danger. To avoid the catastrophic situation, your neighbour does something urgently necessary. You are the 'principal' and your neighbour here is the 'gestor', the act of whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restitution
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution. This principle derives from late Roman law, as stated in the Latin maxim attributed to Sextus Pomponius, ''Jure naturae aequum est neminem cum alterius detrimentum et injuria fieri locupletiorem'' ("By natural law it is just that no one should be enriched by another's loss or injury"). In civil law systems, it is also referred to as enrichment without cause or unjustified enrichment. In pre-modern English common law, restitutionary claims were often brought in an action for '' assumpsit'' and later in a claim for money had and received. The seminal case giving ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
