The Role of Unequal Bargaining Power in Challenging the Validity of a Contract in South African Contract Law PDF Download
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Author: Micosha Palanee
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 158
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Book Description
Author: Micosha Palanee
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 158
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Book Description
Author: Nonstikelelo Pearl Lugomo
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 0
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Book Description
Author: Luanda Hawthorne
Publisher:
ISBN:
Category :
Languages : en
Pages : 20
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Book Description
Both classical contract law and the classical conception of the rule of law have as their point of departure that inequality between individuals is the result of natural differences and capabilities and that recognition of formal equality is the only possibility. In line with this premise the judiciary is expected to merely apply abstract legal norms, and it is not the function of a judge to refer to policy considerations or consider the relative justice of individuals' claims. The judiciary may not make law or become involved in policy issues. However, the South African Constitution is expressly value-based and demands that the judiciary take cognizance of substantive values.
Author: Richard Hunter Christie
Publisher:
ISBN: 9780409122541
Category : Contracts
Languages : en
Pages : 809
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Book Description
"The seventh edition deals with recent case law on a variety of issues including electronic signatures; compliance with statutorily prescribed formalities for contractual validity; developments relating to agreements to negotiate; economic duress and undue influence; simulated contracts; reciprocity in contract; interim interdicts; and the remedy of specific performance. Additions that are more substantial include expanded treatment of the role of good faith in the law of contract. This tracks the continuing tension between the Supreme Court of Appeal and Constitutional Court regarding the extent of that role, with the latter court pressing for a greater role for good faith but not providing sufficient clarity on what good faith means in the context of contract law or on what role it envisages for good faith. This tension has caused difficulties which are reflected in certain High Court decisions."--Publisher's website.
Author: Alastair James Kerr
Publisher:
ISBN: 9780409037555
Category : Contracts
Languages : en
Pages : 932
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Book Description
Author: Susan Hayter
Publisher:
ISBN: 9789221316091
Category : Collective labor agreements
Languages : en
Pages : 0
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Book Description
Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.
Author: Daniel Visser
Publisher: Edinburgh University Press
ISBN: 0748684190
Category : Law
Languages : en
Pages : 577
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Book Description
A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545
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Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author: Roger Brownsword
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1107079179
Category : Law
Languages : en
Pages : 595
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Book Description
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
