Notes from the textbook for the whole semester (32 pages)
- All Case summaries (28 pages)
- Link to quizlet (142 flashcards)
- a table of the cases
- useful diagrams
-facts, issue, judgement as well as notes and importance of cases
-DM ME FOR A DISCOUNT
- Agreement 2 or more persons intending legal obligation
- Agreement complies with all other requirements which the law sets
- Key thing distinguishes contract from everything else is that a contract is an obligation
creating agreement
- Main requirement for valid contract is consensus
- An obligation is composed of a right and a duty
- ‘meeting of the minds’ = true consensus
- point of departure when testing the existence of a contract: POD is the will theory but in
cases of dissensus, the shortcomings of that theory are corrected by an application of
the reliance theory (illustrated in Steyn)
- onus of proving an existence of a contract rests on the person who alleges that the
contract exists
Requirements for a Valid Contract
- consensus
- Capacity
, Kaya Borkowski
- Formalities
- Legality
- Possibility
- Certainty (things that you are contracting must be certain or ascertainable)
- obligations don’t always need to be reciprocal, they can be multilateral (say the
agreement is that one person agrees to refrain from doing something, the other party
does not necessarily need to do or not do something)
Theories of Contract
- need to be common understanding of the material aspects of the contract
- (Don’t worry about declaration theory, we don’t use it)
will theory
- subjective, point of departure in SA law. There are limitations because people can just
get away with not honoring contracts, it does not protect a party that was acting in good
faith and the person that relied on the supposed consensus. If consensus cannot be
established, take a more objective approach and look at reliance theory
reliance theory
- contract could still be established. Looks at whether someone could have a reasonable
reliance on the supposed consensus (Steyn). This provides a subsidiary basis
Smith v Hughes (not prescribed case but is mentioned often)
- ‘if the parties are not ad idem, there is no contract, unless the circumstances are such
as to preclude one of the parties from denying that he has agreed to the terms of the
other’,
- shows that English courts would protect a reasonable expectation of contract in the
absence of true agreement
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LawGuru. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $8.54. You're not tied to anything after your purchase.
