Magister Legum - LLM / This thesis investigates the possibility of relaxing the privity principle of contract to accommodate the interests of third parties in South Africa. It explores concepts relating to the doctrine of privity as well as the two legs that constitute this common law doctrine. It will draw lessons from the English legal system because English law of contract managed to reform the doctrine of privity in order to accommodate the interests of third parties to a contract. While this thesis is not a comparative study of England and South Africa, it will draw substantially from lessons that can be taken from England with regard to abrogating the privity principle of contract. England has been chosen as the point of reference because there has not yet been any other African country that has reformed this privity principle of the common law of contract in order to accommodate the interests of third parties.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uwc/oai:etd.uwc.ac.za:11394/6973 |
| Date | January 2018 |
| Creators | Mbonderi, Bright |
| Contributors | Sibanda, Nkanyiso |
| Publisher | University of the Western Cape |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Rights | University of the Western Cape |
Page generated in 0.0022 seconds