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.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/16118 |
| Date | 11 1900 |
| Creators | Steyn, Lienne |
| Contributors | Floyd, T. B. (Thomas Barry) |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (xi, 43 leaves) |
Page generated in 0.0025 seconds