Contract in South Africa

Question 1

Requirements for a valid contract in SA law?

Accepted Answer

Consensus, contractual capacity, legality, physical possibility of performance, certainty, and compliance with any prescribed formalities. (Source: Common law)

Question 2

Sasfin (Pty) Ltd v Beukes 1989 — principle?

Accepted Answer

A contract or term contrary to public policy is unenforceable; courts should use this power sparingly and only in clear cases. (Source: 1989 (1) SA 1 (A))

Question 3

SA Sentrale Ko-op Graanmaatskappy v Shifren 1964 — principle?

Accepted Answer

A non-variation clause requiring amendments in writing is valid and binding (the Shifren principle), affirmed in Brisley v Drotsky 2002 (4) SA 1 (SCA). (Source: 1964 (4) SA 760 (A))

Question 4

Barkhuizen v Napier 2007 — held?

Accepted Answer

Public policy, now rooted in constitutional values, determines the enforceability of contract terms; a time-bar clause was not shown to be unreasonable or unfair on the facts. (Source: 2007 (5) SA 323 (CC))

Question 5

Beadica 231 CC v Trustees, Oregon Trust 2020 — held?

Accepted Answer

Good faith, fairness and reasonableness are not self-standing grounds to refuse enforcement; pacta sunt servanda remains a constitutional value, and courts intervene only where enforcement would be contrary to public policy. (Source: 2020 (5) SA 247 (CC))

Question 6

Alienation of Land Act 68 of 1981, s 2(1)?

Accepted Answer

A deed of alienation of land is of no force unless contained in a written deed signed by the parties or their agents acting on written authority. (Source: Act 68 of 1981, s 2(1))

1.Requirements for a valid contract in SA law?

2.Sasfin (Pty) Ltd v Beukes 1989 — principle?

3.SA Sentrale Ko-op Graanmaatskappy v Shifren 1964 — principle?

4.Barkhuizen v Napier 2007 — held?

5.Beadica 231 CC v Trustees, Oregon Trust 2020 — held?

6.Alienation of Land Act 68 of 1981, s 2(1)?