This thesis concerns the legal rules of contractual remoteness: these rules govern the extent of liability that is imposed on a breaching party to compensate for the adverse consequences that the breach causes. It is argued that the allocation of responsibility for such consequences is contained implicitly in the contract: every contract extends beyond its express terms, and the allocation of responsibility for the consequences of breach is one of the matters to which it extends. This latter assertion is supported by the argument that an assumption of responsibility for the consequences of breach is a fundamental part of what it means to make a promise. Hence the rules of remoteness are merely a specialised application of the general legal principles that are used to discover the unexpressed part of an agreement. These legal principles can be seen in operation in the implication of terms and the interpretation of expressed terms.

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Non-residential construction projects typically involve a large number of parties and a complicated "pyramid" of contractual relationships. At the top of the project an owner or developer commonly employs a head contractor, who employs specialist contractors, who employ subcontractors, who finally employ workers and material suppliers. Funds for the project are fed in at the top and are intended to trickle down to those at the bottom. However, evidence indicates that this often does not happen and that those at the bottom - most significantly subcontractors - suffer substantial losses. Many countries attempt to reduce subcontractors' losses through legislative intervention. The Canadian common law provinces apply both a statutory "builder's lien", which allows an unpaid subcontractor to register a charge against construction land, and supplementary holdback and trust requirements. By contrast, New South Wales, Australia and the United Kingdom apply a "quick and dirty" form of adjudication in an attempt to reduce the delays in payment disputes. New Zealand is currently investigating the form of legislation that it should enact and has modelled the Construction Contracts Bill on New South Wales adjudication measures. This thesis examines the Canadian, New South Wales and United Kingdom systems for protecting subcontractors, as well as the New Zealand Construction Contracts Bill. It describes these different systems, and applies Cooter and Ulen's perfect contract analysis in an attempt to compare them. It concludes that the New South Wales approach is the most favourable, particularly because of its attempts to reform areas of the construction industry beyond just the problems that subcontractors face. However, it also notes that this approach has very high transaction costs, to such an extent that some proposed reforms may never come to fruition. It therefore recommends that New Zealand take a cautious approach in copying these measures. In addition, the thesis recommends that New Zealand researchers take more time to examine North American builder's lien systems. Protecting construction subcontractors is a complicated issue and the best solution for New Zealand will result from a careful consideration of the many different systems, both before any legislation is enacted and afterwards.

Non-residential construction projects typically involve a large number of parties and a complicated "pyramid" of contractual relationships. At the top of the project an owner or developer commonly employs a head contractor, who employs specialist contractors, who employ subcontractors, who finally employ workers and material suppliers. Funds for the project are fed in at the top and are intended to trickle down to those at the bottom. However, evidence indicates that this often does not happen and that those at the bottom - most significantly subcontractors - suffer substantial losses. Many countries attempt to reduce subcontractors' losses through legislative intervention. The Canadian common law provinces apply both a statutory "builder's lien", which allows an unpaid subcontractor to register a charge against construction land, and supplementary holdback and trust requirements. By contrast, New South Wales, Australia and the United Kingdom apply a "quick and dirty" form of adjudication in an attempt to reduce the delays in payment disputes. New Zealand is currently investigating the form of legislation that it should enact and has modelled the Construction Contracts Bill on New South Wales adjudication measures. This thesis examines the Canadian, New South Wales and United Kingdom systems for protecting subcontractors, as well as the New Zealand Construction Contracts Bill. It describes these different systems, and applies Cooter and Ulen's perfect contract analysis in an attempt to compare them. It concludes that the New South Wales approach is the most favourable, particularly because of its attempts to reform areas of the construction industry beyond just the problems that subcontractors face. However, it also notes that this approach has very high transaction costs, to such an extent that some proposed reforms may never come to fruition. It therefore recommends that New Zealand take a cautious approach in copying these measures. In addition, the thesis recommends that New Zealand researchers take more time to examine North American builder's lien systems. Protecting construction subcontractors is a complicated issue and the best solution for New Zealand will result from a careful consideration of the many different systems, both before any legislation is enacted and afterwards. / Law, Peter A. Allard School of / Graduate

The aim of the thesis was to critically compare termination of contracts in South Africa, England and the CISG. It was found out that South Africa prefers to use the term cancellation because it is a remedy of last resort. The problem with cancellation is that is a drastic step of bringing the transaction to an abrupt and premature end, which is only used when a material breach occurs. English law uses the term discharge as it refers to the ending of the obligations under the contract when a breach occurred and represents the point at which one party is no longer bound by its’ contractual obligations and claims damages. Chapter 3 argued that though discharge goes beyond cancellation it does not cater for diverse domestic rules which need uniform international laws. Chapter 4 discussed and argued that avoidance is a term that was chosen by the CISG to end a contract when a fundamental breach occurs. There were problems on interpretation of terms and use of diverse domestic rules. The advantage of the term avoidance is that it is a technical term adopted and given a uniform meaning in the CISG where interpretation of terms and diverse domestic rules did not apply. Avoidance furthermore comprised concepts of rescission and termination. From the above it was argued that South Africa needs to develop new terms for termination of a contract and create new laws along the lines of the CISG. / Private Law / LL. M.

The aim of the study was to analyze the effect brought about by the promulgation of the British Local Government Act of 1988 on the maintenance of parks and recreational services. The Act made it compulsory to local authorities to expose the maintenance of parks and recreational services to a tendering process, commonly known as compulsory competitive tendering. The implementation of compulsory competitive tendering had to be done between the promulgation of the Act in 1988, and 1994. With regard to this period, a perception existed that the standard of the administration of the maintenance of parks and recreational services declined. The research was done to determine if the implementation of compulsory competitive tendering on the maintenance of parks and recreational services could have resulted in a decline in the standard of the administration of the services, and how it could have happened. It was determined that the motive of the British Government at the time of implementation of the compulsory competitive tendering was primarily to save money. The result of the implementation of compulsory competitive legislation on the maintenance of parks and recreational services were amongst other things: - low morale of staff who were pressured to change - culture changes necessary to comply to compulsory competitive organisational structures - legislation that influenced the lives of traditional local authority employees drastically, and - the development of a new approach to financial management to comply to the government's expectations of saving money. / Public Administration / M. A. (Public Administration)

The aim of the study was to analyze the effect brought about by the promulgation of the British Local Government Act of 1988 on the maintenance of parks and recreational services. The Act made it compulsory to local authorities to expose the maintenance of parks and recreational services to a tendering process, commonly known as compulsory competitive tendering. The implementation of compulsory competitive tendering had to be done between the promulgation of the Act in 1988, and 1994. With regard to this period, a perception existed that the standard of the administration of the maintenance of parks and recreational services declined. The research was done to determine if the implementation of compulsory competitive tendering on the maintenance of parks and recreational services could have resulted in a decline in the standard of the administration of the services, and how it could have happened. It was determined that the motive of the British Government at the time of implementation of the compulsory competitive tendering was primarily to save money. The result of the implementation of compulsory competitive legislation on the maintenance of parks and recreational services were amongst other things: - low morale of staff who were pressured to change - culture changes necessary to comply to compulsory competitive organisational structures - legislation that influenced the lives of traditional local authority employees drastically, and - the development of a new approach to financial management to comply to the government's expectations of saving money. / Public Administration and Management / M. A. (Public Administration)

In this thesis the position of parties under a fixed-term agreement under section 14 of the Consumer Protection Act 68 of 2008 is analysed critically. The purpose of this thesis is first to establish whether parties to a fixed-term agreement are better protected in terms of section 14 of the CPA when the consumer needs to terminate the contract based on the material failure to perform by the supplier, than under the common law. Second, this thesis explores whether the maximum duration of fixed-term agreements should be limited by statute. Various aspects affecting parties to these agreements, for instance the freedom to contract, pacta servanda sunt, and standard-form agreements, are considered. The South African position is then compared to the position in Singapore under the Consumer Protection (Fair Trading) Act, and to the United Kingdom under the Consumer Rights Act, to gain perspective and objectively evaluate the provisions of section 14 of the Consumer Protection Act 68 of 2008 to establish whether South Africa can benefit from lessons learnt from these jurisdictions. Finally, principle-based amendments to the provisions of the CPA are recommended to improve the position of the consumer under fixed-term agreements to effect best practice solutions and ensure adherence to the aims and purposes of the Consumer Protection Act 68 of 2008 and international guidelines. This thesis is based on the law as at 18 June 2020, found in sources available in South Africa, and Singaporean law available in the database of the National University of Singapore. / Hierdie proefskrif is ’n kritiese analise van die posisie van partye tot vastetermynkontrakte ingevolge artikel 14 van die Suid-Afrikaanse verbruikersbeskermingswetgewing, die Consumer Protection Act 68 van 2008 (CPA). Die doel van die analise is eerstens om vas te stel of partye tot ’n vastetermynkontrak ingevolge artikel 14 van die CPA beter beskerming geniet ingevolge die CPA wanneer die verbruiker die vastetermynkontrak moet beëindig weens die wesenlike wanprestasie deur die verskaffer, as ingevolge die gemenereg. Tweedens ondersoek die proefskrif of dit wenslik is dat die maksimum duur van vastetermynkontrakte deur wetgewing beperk word. Verskeie aspekte wat die posisie van partye tot vastetermynkontrakte beïnvloed word ondersoek, onder andere kontrakteervryheid, die leerstuk pacta servanda sunt en standaardkontrakte. Die Suid-Afrikaanse posisie word dan vergelyk met dié in Singapoer, ingevolge die Consumer Protection (Fair Trading) Act (CPFTA), en die Verenigde Koninkryk, ingevolge die Consumer Rights Act (CRA) om perspektief te kry op die studie, en ten einde die bepalings van artikel 14 objektief te oorweeg om vas te stel of Suid-Afrika kan kersopsteek by hierdie jurisdiksies. Laastens word voorstelle gemaak om die posisie van die verbruiker tot vastetermynkontrakte ingevolge die CPA te verbeter om beste gebruikspraktyke te implementeer, en te verseker dat die doelwitte van die CPA en internasionale verbruikersriglyne bereik word. Hierdie studie weerspieël die regsposisie soos op 18 Junie 2020 in bronne wat plaaslik beskikbaar is, asook in bronne aan my beskikbaar gestel deur die Nasionale Universiteit van Singapoer tydens ’n navorsingsbesoek daar. / Kule thesisi isimo sezinhlangano ezingaphansi kwesivumelwano sesikhathi esinqunyiwe, ngaphansi kwesigaba 14 koMthetho 68 ka 2008, uMthetho weZokuvikelwa koMthengi uhlaziywa ngendlela egxekayo. Inhloso yalolu cwaningo ukusungula ukuthi mhlawumbe lezi zinhlangano ezingaphansi kwesivumelwano sesikhathi esinqunyiwe sivikeleke kangcono ngaphansi kwesigaba 14 se-CPA uma kunesidingo sabathengi sokuqedwa kwesivumelwano esencike phezu kokwehluleka ukwenza umsebenzi waloyo ongumthumeli wempahla, okwehlukile emthethweni owejwayelekile. Okwesibili, le thesis iphenya ukuthi mhlawumbe isikhathi isikhathi esinde sesivumelwano sesikhathi esinqunyiwe kufanele sincishiswe ngokomthetho oshayiwe. Izinto ezahlukahlukene ezithinta lezi zivumelwano, njengesibonelo, inkululeko yokungena esivumelwaneni pacta servanda sunt, kanye nesivumelwano ezingaguquki, kuyizinto ezibhekwayo. Isimo seNingizimu Afrika siqhathaniswa nesimo sezwe laseSingapore ngaphansi koMthetho wezokuVikelwa kwabaThengi (Fair Trading), kanye nasezweni laseUnited Kingdom ngaphansi koMthetho owaMalungelo abaThengi, ukuthola umqondo kanye nokuhlola izimiso ngaphansi kwesigaba 14 soMthetho 68 ka 2008, uMthetho oVikela abaThengi ukuthola ukuthi ngabe iNingizimu Afrika kukhona ekuzuzile kwizifundo ezifundwe kulezi zakhiwo zemithetho. Okokugcina, izichibiyelo ezisuselwe kwimigomo mayelana nalokho okushiwo yi-CPA inconywe ukuthi yenze ngcono isimo sezinhlangano ezingaphansi kwezivumelwano zesikhathi esinqunyiwe ukuletha izisombululo ezingcono kanye nokuqinisekisa ukuthi kulandelwa izinhloso kanye nemisebenzi yoMthetho 68 ka 2008, okunguMthetho oVikela abaThengi kanye nemihlahlandlela yezizwe zomhlaba. Lolu cwaningo lususelwe phezu komthetho kusukela mhla zi 18 uNhlangulana 2020, luyatholakala emithonjeni yaseNingizimu Afrika, kanye nomthetho waseSingapore uyatholakala emthonjeni yedatha yaseNational University of Singapore. / Mercantile Law / LL. D.