This chapter explores some aspects of the development of the South African law relating to breach of contract from its Roman-Dutch roots to the present day. In order to reduce the topic to manageable proportions it focuses on the following three processes: the process by means of which the concept of breach of contract has fractured into a number of ‘specific types of breach’; the process by means of which a ‘generalized’ right of cancellation for breach of contract has evolved in the case law; and the process by means of which specific performance has come to be regarded as the ‘routine’ remedy for breach of contract. It concludes with an attempt to distil some general principles out of the historical discussion which forms its major focus.
Keywords: South African law; contract law; breach of contract; right of cancellation
Chapter. 17327 words.
Subjects: History of Law
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