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

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

Termination of obligations

CHAPTER 1 NATURE AND BASIS OF CONTRACT

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

Preference contracts Right of pre-emption Right of pre-emption compared with an option Obligations of the grantor The trigger event Remedies for breach

Limitations of the will theory Reliance-based correctives The subjective approach as qualified by estoppel and quasi-mutual assent The objective approach as qualified by the iustus error approach

Reconciliation of the iustus error doctrine and the reliance theory: A discussion of the Slip Knott Investments 777 (Pty) Ltd v Du Toit Chapter 4: Improperly obtained consensus Restitutio in integrum Delictual damages Misrepresentation distinguished from other pre-contractual misstatements: warranties or contractual terms; opinions, statements as to the future and statements of law, puffs, dicta et promissa

Legal capacity Contractual capacity Natural persons Juristic persons The State

Assessment 1 Feedback Assessment 2 Preparation

Introduction to Chapter 7: Legality Illegal contracts that are void - a discussion on public interests

The general rule Application of the certainty requirement Consequences of not meeting the certainty requirement

Contracts and Third Parties Representation: contracting through an agent The contract for the benefit of a third party (stipulatio alteri)

Tutorial: Chapter 7 2 August 2023

Express terms: Signed contracts: caveat subscriptor Standard form contracts Unsigned contract Ticket cases Notices CPA

Time clauses Other contractual terms: Suppositions Modal clauses Exemption clauses Non-variation clauses Governing law clause

Price must be certain or ascertainable Formulae "a reasonable price" formula Nomination of a third person or group of persons to fix the price The price and the CPA

Practical difficulties in excluding extrinsic evidence University of Johannesburg v Auckland Park Theological Seminary

Mora debitoris: requirements and consequences Mora creditoris: requirements and consequences

Repudiation Prevention of performance

Remedies aimed at keeping the contract alive: Exceptio non adimpleti contractus Requirements Factors affecting the application of the exceptio Courts equitable discretion: reduced contract price Scope of the exceptio

Introduction lecture: What is a contract?

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

The basis of a contract