Chapter

Voidable Contracts

Gerhard Lubbe

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/9780198260875.003.0009
Voidable Contracts

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When dealing with the defeasibility of contracts South African courts have traditionally referred to the grounds for restitutio in integrum in Roman-Dutch law. In the former South African Republic the treatment of dolus and metus by certain old authorities was enshrined as the law of the land by a single lex citand. However, modern sources reveal that South African law has moved beyond the classic themes of dolus and metus as grounds justifying the rescission of a contract. This chapter attempts to explain the development of the grounds for rescission in South African law — a process generally attributed to the adoption of the doctrines of innocent misrepresentation and undue influence from English equity jurisprudence by the South African courts.

Keywords: South African law; contract law; contract rescission; innocent misrepresentation; undue influence; equity jurisprudence

Chapter.  24242 words. 

Subjects: History of Law

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