• Login
    View Item 
    •   KovsieScholar Home
    • KovsieJournals
    • Journal for Juridical Science
    • JJS 2016 Volume 41 Issue 2
    • View Item
    •   KovsieScholar Home
    • KovsieJournals
    • Journal for Juridical Science
    • JJS 2016 Volume 41 Issue 2
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Die interpretasiereël in die Suid-Afrikaanse kontraktereg – deel twee

    Thumbnail
    View/Open
    juridic_v41_n2_a6.pdf (202.8Kb)
    Date
    2016
    Author
    Bekker, T.
    Metadata
    Show full item record
    Abstract
    In the first part of this article (that appeared in the June 2016 issue of this journal), the author analysed the development and current application of the interpretation rule in the South African law of contract. In the second part of this article, the author investigates in detail whether the current application of the interpretation rule is in line with the South African contractual liability approaches. The basis of contractual liability is briefly examined and how this concept is expressed as the common intention of the parties when a contract is entered into. Finally, the reasons for the existence of the application of the interpretation rule are critically investigated. It is argued that, although there has been considerable progress in terms of the admission of extrinsic evidence in the interpretation of contracts in the South African law, there is still a large degree of confusion and the current application in terms of the admission of extrinsic evidence in the interpretation of contracts still falls short. It is, therefore, recommended that legislation seems to be the only workable solution to rectify the problems pertaining to the interpretation rule once and for all.
    URI
    https://dx.doi.org/10.18820/24150517/
    http://hdl.handle.net/11660/5156
    Collections
    • JJS 2016 Volume 41 Issue 2

    DSpace software copyright © 2002-2016  DuraSpace
    Contact Us | Send Feedback
     

     

    Browse

    All of KovsieScholarCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    View Usage Statistics

    DSpace software copyright © 2002-2016  DuraSpace
    Contact Us | Send Feedback