Error In Substantia
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Consideration Implication-in-fact Defenses against formation Lack of capacity Duress Undue influence Illusory promise Statute of frauds Non est factum Contract interpretation Parol evidence rule error in substantia definition Contract of adhesion Integration clause Contra proferentem Excuses for non-performance Mistake
Iustus Error
Misrepresentation Frustration of purpose Impossibility Impracticability Illegality Unclean hands Unconscionability Accord and satisfaction Rights of third parties Privity error in negotio of contract Assignment Delegation Novation Third-party beneficiary Breach of contract Anticipatory repudiation Cover Exclusion clause Efficient breach Deviation Fundamental breach Remedies Specific performance Liquidated damages Penal damages Rescission Quasi-contractual
Error In Persona
obligations Promissory estoppel Quantum meruit Related areas of law Conflict of laws Commercial law Other common law areas Tort law Property law Wills, trusts, and estates Criminal law Evidence v t e South African contract law is ‘essentially a modernised version of the Roman-Dutch law of contract’,[1] which is itself rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which persons can transact business and exchange resources, secure in the knowledge that the law will uphold their agreements and, if necessary, enforce them. The law of contract underpins private enterprise in South Africa and regulates it in the interest of fair dealing. Contents 1 Nature 1.1 Requirements 1.2 Characteristics 1.3 Contract and the law of obligations 1.3.1 Contract and delict 1.3.2 Contract and unjustified enrichment 1.4 Contract and the law of property 1.5 Historical development of contract 1.5.1 Roman law 1.5.2 Roman-Dutch law 1.5.3 Causa and consideration 2 Basis 2.1 Actual subjective agreement 2.2 Objective agreement 3 Theories of contract 3.1 Will theory 3.2 Declaration theory 3.3 Reliance theory 3.4 South African approach 3.5 Proving the existence of a contract 4 Cornerstones 5 Offer and acceptance 5.1 Pacta de contrahendo 6 Mistake 7 Improperly-obtained consensus 8 Requirements for contractual validity 8.1 Contractual capacity 8.2 Formalit
von GoogleAnmeldenAusgeblendete FelderBooksbooks.google.de - This scholarly survey of the Law of Obligations from classical to modern times is a marvellous work of historical synthesis which discusses each contract, tort, and liability based on unjust enrichment with great clarity, and traces their development over hundreds of years through the legal systems of...https://books.google.de/books/about/The_Law_of_Obligations.html?hl=de&id=iFIT_NsmE7MC&utm_source=gb-gplus-shareThe Law of ObligationsMeine BücherHilfeErweiterte BuchsucheDruckversionKein E-Book verfügbarOxford University PressAmazon.deBuch.de - €111,00Buchkatalog.deLibri.deWeltbild.de - €110,99In Bücherei https://en.wikipedia.org/wiki/South_African_contract_law suchenAlle Händler»Stöbere bei Google Play nach Büchern.Stöbere im größten eBookstore der Welt und lies noch heute im Web, auf deinem Tablet, Telefon oder E-Reader.Weiter zu Google Play »The Law of Obligations: Roman Foundations of the Civilian TraditionReinhard ZimmermannOxford University Press, 1996 - 1241 Seiten https://books.google.com/books?id=iFIT_NsmE7MC&pg=PA592&lpg=PA592&dq=error+in+substantia&source=bl&ots=aRy9awqNYN&sig=rKHg9S0a8u629wtMFH00_CNLwp4&hl=en&sa=X&ved=0ahUKEwiGnK3f68zPAhWo7IMKHaz3ABIQ6AEIMTAC 8 Rezensionenhttps://books.google.de/books/about/The_Law_of_Obligations.html?hl=de&id=iFIT_NsmE7MCThis scholarly survey of the Law of Obligations from classical to modern times is a marvellous work of historical synthesis which discusses each contract, tort, and liability based on unjust enrichment with great clarity, and traces their development over hundreds of years through the legal systems of Europe. Not merely a work of Roman legal scholarship, it is a treasure-house of ideas and arguments as well as information and scholarship relating to the Law of Obligations. Voransicht des Buches » Was andere dazu sagen-Rezension schreibenEs wurden keine Rezensionen gefunden.Ausgewählte SeitenTitelseiteInhaltsverzeichnisIndexInhaltList of Abbreviations li Principal Works Cited lix Chapter 1 Divisio Obligationum 10 The Place of Obligations within the System 24 Plan of Treatment 32 PART II 39 Cession 58 Interpretation of Contracts 621 Postreception Developments 635 Special Problem Situations 643
The facts were such that unknown to all parties, owing to certain previous transactions by these employees, the agreements could have been terminated without compensation. Upon discovering http://www.peisker.de/ffa/Mistake.htm this the company made their claim. The mistake was not essential since the subject matter of the contract was in essence the service agreements and the fact that they might have been terminated without compensation was only a side issue. Error in substantia (Roman law): if the thing contracted for was essentially different in quality or attributes from the thing as it was believed by both error in parties to be the contract would be void. Clearly not 119 II, but reclaimable in 812ff. See Spanish rules on 'unjust enrichment' - no claim without erroneous payment.
Cooper v. Phibbs 1867 House of Lords A took a lease of a fishery from B. It transpired (unknown to both parties) that A was really the owner of the fishery. The contract was void. The plaintiff (B) error in substantia was only allowed to obtain the surrender of the lease from the defendants (A) upon the terms that the B should have a lien on the fishery for the payment of money which B had spent on making improvements during his occupation of the property. This was a case in equity, though the result would have been similar at common law. Where equity does grant relief it will impose its own terms. Mistake as to title : mistake of law will never avoid a contract, but a common mistake as to private title may. Couturier v. Hastie 1856 House of Lords Corn was sold while in transit by sea from Salonica to England. It transpired that at the time of the contract the ship's master had in fact disposed of the corn at Tunis. The buyer was absolved from payment of the price. If at the time when the contract is made, unknown to both parties, the subject matter of it does not exist the contract will be void. This was a mistake as to the existence of the subject matter. Cundy v. Lindsay 1878 A fraudulent person ordered goods pretending to be another person. The g