Limiting the Shifren principle continued... Where enforcement would be against public policy Where a party is estopped from enforcing a non-variation clause Cancellation of a contract: non-cancellation clauses

Chapter 3: Limitations of the will theory Reliance-based correctives The subjective approach as qualified by the doctrine of estoppel and the doctrine of quasi-mutual assent.

Introduction lecture

Termination of obligations

CHAPTER 1 NATURE AND BASIS OF CONTRACT

Assessment 1 Feedback Assessment 2 Preparation

Approach to contract: subject or objective? Dual basis of contract in modern law Proving the existence of a contract

WHEN AND WHERE ACCEPTANCE TAKES EFFECT

OFFER AND ACCEPTANCE: Offer, requirements for a valid offer, offers to the public

ASSESSMENT 2 FEEDBACK

The general rule The application of the certainty requirement: some practical examples - pacta de contrahendo - vague language - contracts of indefinite duration - contracts containing a mechanisms where certainty can be obtained Consequences of not meeting the certainty requirement.

EXPRESS TERMS Signed contracts: the caveat subscriptor rule Standard-form contracts Unsigned contracts Ticket cases Notices Tacit contracts

CHAPTER 11 INTERPRETATION OF CONTRACTS The purpose of the contract The words used by the parties The textual context The broader context - The parol evidence rule - University of Johannesburg v Auckland Park Theological Seminary

Introduction Mora debitoris - distinguished from other forms of breach - requirements - consequences

Chapter 13: Damages

REPUDIATION PREVENTION OF PERFORMANCE

REMEDIES AIMED AT THE FULFILMENT OF A CONTRACT Specific performance

REMEDIES AIMED AT THE FULFILMENT OF THE CONTRACT - Exceptio non adimpleti contractus

Requirements of a valid cession (continued) - Transfer agreement - Formalities - Legality - Cession should not prejudice the debtor The consequences of cession

Chapter 15 Termination of obligations Termination by law Supervening impossibility of performance - Requirements - Effects

Introduction lecture Chapter 1: The nature and basis of a contract

Theories of contract Approach to contract: subjective or objective? Dual basis of contract in modern law

CHAPTER 2 OFFER AND ACCEPTANCE Introduction The offer The requirements of a valid offer Offers to the public

PACTA DE CONTRAHENDO Option contract

PREFERENCE CONTRACTS Right of pre-emption Right of pre-emption compared with an option The obligations of the grantor The trigger event Bona fide offer Remedies for breach