Chapter

Contract Formation

Dale Hutchison

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0006
Contract Formation

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This chapter discusses the South African law of contract. The Roman-Dutch law relating to the formation of a contract has undergone considerable development in its setting in South Africa, and there can be little doubt that the modern law in this area is much clearer and a distinct improvement on that of 18th-century Holland. The uncertainties surrounding the nebulous concept of iusta causa have largely been dispelled; the offer and acceptance analysis has been developed into a sophisticated doctrine with sufficient particularity in its detailed rules to afford clear answers to almost all questions relating to whether, when, or where a contract has been concluded; and after a protracted period of confusion and uncertainty, the law relating to mistakes in the formation of a contract seems at last to have crystallized into a clear and workable set of rules and principles.

Keywords: South African law; contract law; Roman-Dutch law; mistake; contract formation

Chapter.  16378 words. 

Subjects: History of Law

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