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Showing 1 to 5 of 5 (0.038 seconds)Spelling suggestions: "subject:"reliance theory"" "subject:"peliance theory""
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A critical appraisal of the decision in Sonap v Pappadogianis 1992 (3) SA 234 (A), with reference to the basis of contractual liability in South African law and various other legal systemsSteyn, Lienne 11 1900 (has links)
In Sonap Petroleum (formerly known as Sonarep) (SA) (Pty) Ltd v Pappadog1an1s
1992 (3) SA 234 (A) the Appellate Division apparently approved the direct
application of the reliance theory, without reference to prejudice or fault, to
determine contractual liability in the absence of consensus.
The various approaches to contractual liability in South African law are
examined, and a comparative study of English law and the law of the Netherlands
is conducted.
It is submitted that the element of fault is not crucial to the enquiry, but
rather, the elements of conduct , inducement and a reasonable reliance upon
consensus. It is concluded that the test for contractual liability in the absence
of actual consensus, as formula ted by the court in Sonap's case, without
reference to prejudice or fault, has established sound precedent in South African
law. / Criminal and Procedural Law / LL.M.
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| 2 |
A critical appraisal of the decision in Sonap v Pappadogianis 1992 (3) SA 234 (A), with reference to the basis of contractual liability in South African law and various other legal systemsSteyn, Lienne 11 1900 (has links)
In Sonap Petroleum (formerly known as Sonarep) (SA) (Pty) Ltd v Pappadog1an1s
1992 (3) SA 234 (A) the Appellate Division apparently approved the direct
application of the reliance theory, without reference to prejudice or fault, to
determine contractual liability in the absence of consensus.
The various approaches to contractual liability in South African law are
examined, and a comparative study of English law and the law of the Netherlands
is conducted.
It is submitted that the element of fault is not crucial to the enquiry, but
rather, the elements of conduct , inducement and a reasonable reliance upon
consensus. It is concluded that the test for contractual liability in the absence
of actual consensus, as formula ted by the court in Sonap's case, without
reference to prejudice or fault, has established sound precedent in South African
law. / Criminal and Procedural Law / LL.M.
|
| 3 |
Legislating conscience into contract : panacea or pandora's box?Galloway, Kathrine Scott January 2006 (has links)
Chapter 11 of the Property Agents and Motor Dealers Act 2000 (Qld) and the Retail Shop Leases Act 1994 (Qld) both introduce procedural requirements to the process for creation of land contracts and were both introduced to address a perceived lack of conscience in each of the industries affected. These represent a recent broadening of the ambit of consumer protection legislation in Queensland which deviates from more traditional methods of statutory intervention into land contracts. This paper focuses on the extent to which the Acts effectively introducing a conscience element into certain land contracts, and the extent to which this alters classical contract law. The effectiveness of the approach is then tested against the critiques of two alternative theories of law - law and economics and feminist contract theory - to see whether the legislative approach answers the deficiencies in contract identified within the terms of each theory.
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| 4 |
Reliance protection as the basis of contractual liabilityJethro, Paul John Daniel 11 1900 (has links)
It is traditionally accepted that the basis of contractual liability is either consensus, that is the actual meeting of the
minds of the contractants, or the reasonable belief by one contractants that there is consensus. In this paper the various approaches to contractual liability are examined. The conclusion that is reached is that the direct
application of reliance protecti~n can -effectively serve as the basis of contractual liability in our law today. It is submitted that the elements to found contractual liability are representation or conduct, unducement; a reasonable reliance upon consensus, and detriment or prejudice. It is forcefully argued that although blameworthiness (fault) may play a substantial role in determining whether reliance upon consensus should be protected, it is not the decisive element to the enquiry: rather regard should be had to all the surrounding circumstances relating to the
contractual relationship. / Private Law / LL.M.
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| 5 |
Reliance protection as the basis of contractual liabilityJethro, Paul John Daniel 11 1900 (has links)
It is traditionally accepted that the basis of contractual liability is either consensus, that is the actual meeting of the
minds of the contractants, or the reasonable belief by one contractants that there is consensus. In this paper the various approaches to contractual liability are examined. The conclusion that is reached is that the direct
application of reliance protecti~n can -effectively serve as the basis of contractual liability in our law today. It is submitted that the elements to found contractual liability are representation or conduct, unducement; a reasonable reliance upon consensus, and detriment or prejudice. It is forcefully argued that although blameworthiness (fault) may play a substantial role in determining whether reliance upon consensus should be protected, it is not the decisive element to the enquiry: rather regard should be had to all the surrounding circumstances relating to the
contractual relationship. / Private Law / LL.M.
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