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Sunday, July 26, 2020 | History

4 edition of Supervening impossibility of performance in the South African law of contract found in the catalog.

Supervening impossibility of performance in the South African law of contract

William Arthur Ramsden

Supervening impossibility of performance in the South African law of contract

by William Arthur Ramsden

  • 356 Want to read
  • 18 Currently reading

Published by Juta in Cape Town .
Written in English

    Places:
  • South Africa.
    • Subjects:
    • Impossibility of performance -- South Africa

    • Edition Notes

      Includes bibliographical references and indexes.

      StatementWilliam Arthur Ramsden.
      Classifications
      LC ClassificationsLAW
      The Physical Object
      Paginationxxiv, 116 p. ;
      Number of Pages116
      ID Numbers
      Open LibraryOL2759116M
      ISBN 100702116297
      LC Control Number86113875

        The SC in Satyabrata Ghose’s case (supra) has held that the "doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of Section 56 of the Indian Contract, Act".   The latest edition of this authoritative standard work on contract law has been updated to include the unusually large number of cases decided in the last 5 years. In particular, it looks at the Supreme Court of Appeal decisions which have settled or fundamentally changed the law in a /5(9).

      South African common law recognises the concept of vis major or supervening impossibility, i.e. an event, not the fault of either party, which absolutely prevents performance, which will then render the contract partially or completely void/unenforceable. It is not possible under South African law to invoke supervening impossibility where a. The general rule is that supervening impossibility of performance discharges a contract: it becomes void and no contractual remedy can be sought or obtained under it: see Peters, Flamman and Co. v. Kokstad Municipality, AD at – and Christie, op. cit.,

      Frustration of Contract a brief explanation. One method by which a contract may come to an end without the necessity for either party to terminate in circumstances when the law will consider the contract to have terminated by frustration or due to impossibility of performance. (e) Partial Impossibility A contract is not discharged simply on the ground of impossibility of some of the objects of the contract. Example X agreed to let a boat to H (i) to view the naval review at the coronation. of king and (Ii) to cruise round the fleet.5/5.


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Supervening impossibility of performance in the South African law of contract by William Arthur Ramsden Download PDF EPUB FB2

Supervening impossibility of performance in the South African law of contract [Ramsden, William Arthur] on *FREE* shipping on qualifying offers. Supervening impossibility of performance in the South African law of contractCited by: 1. Supervening impossibility of performance in the South African law of contract.

[William Arthur Ramsden] Home. WorldCat Home About WorldCat Help. Search. Search for Library Items Search for Lists Search for Contacts Book\/a>, schema:CreativeWork\/a> ; \u00A0\u00A0\u00A0 library. Supervening impossibility is the impossibility arising after the formation of a contract.

However, this arises at the time when the promisor's performance is due. Such impossibility usually arises due to facts that the promisor had no reason to anticipate and did not contribute to the occurrence of. known and applied in South African law.

The aforementioned doctrines and legal principles, even though not accepted as part of South African law, provide for the broadening of the initial concept (of an excessive 7 Hutchison et al.

The Law of Contract in South Africa () 2nd edition. relating to supervening impossibility of performance of contract in South Africa and a statement of the principles applicable in as much detail and as accurately as possible.

In order for this to be done reference will have to be made to legal sources, and this will pose the first major problem. South African contract law is ‘essentially a modernized version of the Roman-Dutch law of contract’, 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. According to J Grogan (Workplace Law 10ed (Cape Town: Juta ) at ), this is a form of supervening impossibility of performance and termination by the employer is treated as dismissal for incapacity under the Labour Relations Act 66 of (LRA).

Impossibility or impracticability is not a defense if the person making the promise in the contract caused the contract to be impossible or impracticable.

For example, A promises B that A will pay B $ if B takes care of A’s cat for a week. The contract would be unenforceable if A’s cat suddenly passed away before the contract could begin Author: Ken Lamance.

Open Library is an open, editable library catalog, building towards a web page for every book ever published. Supervening impossibility of performance in the South African law of contract by William Arthur Ramsden,Juta edition, in EnglishCited by: 1.

A Better Explanation of Impossibility Remember firstly that impossibility is a detailed topic and what is set out below is for your understanding. There are a number of reasons why performance would become impossible, even where the creditor fails to perform thus preventing the debtor from performing which may render the debtors performance impossible in.

fulfilment of hostage crew members’ employment contract s impossible – hostage crew members’ employment and entitlement to wages ended by supervening impossibility or frustration of performance of employment contracts – no claim for un paid wages giving rise File Size: KB.

Get print book. No eBook available Supervening Impossibility of Performance in the South African Law of Contract. William Arthur Ramsden. Juta, - Contracts - pages. 0 Reviews. What people are saying - Write a review.

We haven't found any reviews in the usual places. Bibliographic information. Title: Supervening Impossibility of. Supervening Impossibility of Performance in the South African Law of Contract by William Arthur Ramsden,available at Book Depository with free delivery worldwide.

The civil law recognized supervening impossibility of performance as a com-plete defense to an action on contract, unless it appeared that the promisor had assumed the risk that performance would remain possible. A diametrically opposed view was adopted by the common law. Thus in Paradine v.

Jane. The hall caught fire before the date of first concert. It was held, the contract has become void on ground of supervening impossibility. (b) Death or personal incapacity: The contract is discharged on the death or incapacity or illness of a person if the performance of a contract depends on his personal skill or ability.5/5.

Specific performance is a pri mary remedy in South Africa n law of contract. When a breach of contract arises, the aggrieved party has the election to request specific perfor mance of the contract.

Impossibility of Performance in the Workplace 27 January 27 January Posted in Contracts, Employment law Tagged dismissal, employment, labour, law, legal, South Africa Imagine that you own an optometry practice located in a busy shopping mall. Impossibility Law and Legal Definition Impossibility of performance is a defense used in contract law to excuse the performance of one of the parties.

In order for the defense to succeed, the party claiming it must not have contributed to the conditions making performance imposssible. Supervening impossibility of performance See also: Treaty A ground for terminating or suspending treaty obligations based on physical impossibility brought about by the disappearance or destruction of an object indispensable to the performance of the treaty.

supervening impossibility of performance in the south african law of contract. juta and co. ltd. kaapstad: wetton en johannesburg.

XXIV, p., Users without a. supervening impossibility, and every other question, will be determined according to general contract principles. Such cases and such conditions are therefore omitted.

*This article is an attempt to answer, in so the law of negotiable paper is concerned, the .Peters, Flamman and Company v Kokstad Municipality, decided by Solomon JA, is an important case in South African contract law, specifically in the area of termination and supervening impossibility of performance.

The company had entered into a twenty-year contract with the municipality to light its street lamps. It managed this without trouble for more than ten years, at which point World War.Impossibility.

A legal excuse or defense to an action for the breach of a contract; less frequently, a defense to a criminal charge of an attempted crime, such as attempted Robbery or murder. Historically, a person who entered a contract was bound to perform according to his or her promised duties, regardless of whether it became impossible to do so.