An assessment of the South African law governing breach of contract : a consideration of the relationship between the classification of breach and the resultant remedies

[摘要] ENGLISH ABSTRACT:The South African system of breach of contract recognizes several distinct forms ofbreach. each encompassing its own set of requirements. Before one is able todetermine the outcome and accordingly the rights of each contracting party in respectof an alleged breach of contract. the factual situation must be fitted into one of therecognized forms of breach. This has resulted in a highly complex system of breachof contract and resultant remedies.The existence of a direct relationship between the form of breach present in a factualsituation and the remedies available to the innocent party is a fundamental premise ofSouth African law and one that is often accepted without much investigation. Thisthesis investigates the extent of this interdependence and to establish whether thisintricate system is necessary from a practical and a theoretical point of view.To this end. the thesis examines the less complex system of breach of contract asembodied in the United Nations Convention on Contracts for the International Sale ofGoods C·CISG'·) which has been widely adopted in international trade. and which hasprovided a template for the reformation of various national systems of law. This studyconcludes that the South African approach to breach of contract and remedies is inneed of reform. and that a unitary concept of breach could provide a basis for both asimplification and modernization of our law.

[发布机构] Stellenbosch University