Podcast
Questions and Answers
What distinguishes a contract from other agreements?
What distinguishes a contract from other agreements?
A serious intention to create legally enforceable obligations (animus contrahendi)
Why are social and domestic agreements usually not enforceable as contracts?
Why are social and domestic agreements usually not enforceable as contracts?
Parties do not intend for their agreement to give rise to legally binding obligations.
Explain why 'gentlemen's agreements' are generally not enforceable as contracts.
Explain why 'gentlemen's agreements' are generally not enforceable as contracts.
They lack the serious intention (animus contrahendi) to create legally enforceable obligations.
Give an example of an agreement that is not a contract.
Give an example of an agreement that is not a contract.
What is the key ingredient that differentiates a contract from non-binding agreements?
What is the key ingredient that differentiates a contract from non-binding agreements?
Why do agreements made as part of a play or as a joke not qualify as contracts?
Why do agreements made as part of a play or as a joke not qualify as contracts?
What is the role of administrative justice in framing the contractual relationship?
What is the role of administrative justice in framing the contractual relationship?
How does the Constitution of the Republic of South Africa, 1996 affect the State's contractual rights?
How does the Constitution of the Republic of South Africa, 1996 affect the State's contractual rights?
When may a contractual provision seeking to fetter a Minister's discretion not be enforced?
When may a contractual provision seeking to fetter a Minister's discretion not be enforced?
What are the requirements for a contract to be binding?
What are the requirements for a contract to be binding?
Under what circumstances might an administrative body need to provide a hearing before canceling an agreement?
Under what circumstances might an administrative body need to provide a hearing before canceling an agreement?
How can a contract be defined based on the discussion provided?
How can a contract be defined based on the discussion provided?
Can a contract be formed based on the objective appearance of agreement, even without actual agreement?
Can a contract be formed based on the objective appearance of agreement, even without actual agreement?
What is an example of creating an objective appearance of agreement?
What is an example of creating an objective appearance of agreement?
In the scenario described, what actions did the individual take in reliance on the letter from the prospective employer?
In the scenario described, what actions did the individual take in reliance on the letter from the prospective employer?
What was the outcome when the prospective employer realized the mistake in the letter of appointment?
What was the outcome when the prospective employer realized the mistake in the letter of appointment?
Could the individual insist that a contract exists despite the mistake in the appointment letter?
Could the individual insist that a contract exists despite the mistake in the appointment letter?
What factors may be considered in determining whether a contract exists in such a situation?
What factors may be considered in determining whether a contract exists in such a situation?
What are the steps a court must follow before developing the common law?
What are the steps a court must follow before developing the common law?
According to the court, what should be the major engine for law reform?
According to the court, what should be the major engine for law reform?
Why is it important for a court to consider whether a rule offends the spirit of the Bill of Rights?
Why is it important for a court to consider whether a rule offends the spirit of the Bill of Rights?
What difficulty arises regarding the direct horizontal application of the Bill of Rights?
What difficulty arises regarding the direct horizontal application of the Bill of Rights?
Why does the court emphasize respect for the principle of separation of powers?
Why does the court emphasize respect for the principle of separation of powers?
State the principle upheld by the court in the case of I Pieters & Co v Salomon.
State the principle upheld by the court in the case of I Pieters & Co v Salomon.
What was the outcome of the case of I Pieters & Co v Salomon regarding the mistaken amount in the offer?
What was the outcome of the case of I Pieters & Co v Salomon regarding the mistaken amount in the offer?
Explain the significance of the Blackburn dictum in South African contract law.
Explain the significance of the Blackburn dictum in South African contract law.
What did the Appellate Division choose to adopt in the case of I Pieters & Co v Salomon?
What did the Appellate Division choose to adopt in the case of I Pieters & Co v Salomon?
Why did the court consider unexpressed reservations irrelevant in the case of I Pieters & Co v Salomon?
Why did the court consider unexpressed reservations irrelevant in the case of I Pieters & Co v Salomon?
How did the case of I Pieters & Co v Salomon demonstrate the influence of Smith v Hughes?
How did the case of I Pieters & Co v Salomon demonstrate the influence of Smith v Hughes?
