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The significance of consensus in the Law of Contract
Dissertation (LLM)--University of Pretoria, 2021
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2022
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| _version_ | 1867613452708610048 |
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| access_status_str | Open Access |
| author2 | Cornelius, Steve |
| author_browse | Cornelius, Steve |
| author_facet | Cornelius, Steve |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM)--University of Pretoria, 2021 |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/85728 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:22.807Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/85728 The significance of consensus in the Law of Contract Cornelius, Steve MpumeD@gmail.com Dludla, Nompumelelo Consensus in law of contract Consensus and interpretation of contracts Drafting of contracts Constitutional development of law of contract Contractual obligations and performance Dissertation (LLM)--University of Pretoria, 2021 LLM This dissertation explores various legal theories, doctrines, and principles on consensus, and, to this end, highlights the significance of consensus, being one of the requirements for a valid contract, as the basis for contractual liability in South Africa. It, further, canvasses, the significance of consensus on the interpretation of contracts, with particular focus on the prima facie misalignment between the primarily subjective nature of consensus as the basis for contractual liability versus the objective approach to interpretation of contracts in the South African legal system. To the latter end, this dissertation further traverses the question of whether the possible misalignment, between the basis for contractual liability and contractual interpretation, justifies constitutional development of the law relating to interpretation of contracts. Lastly, the dissertation focuses on legal considerations that a drafter must consider, in order to ensure that a contractual instrument is not only legally sound, but also facilitates the enforcement of the parties’ subjective common intention, even when interpreted objectively. Private Law LLM Unrestricted 2022-06-07T13:07:33Z 2022-06-07T13:07:33Z 2022-04-26 2021 Mini Dissertation *Dludla, N 2021, The significance of consensus in the law of contract, LLM mini-dissertation, University of Pretoria, Pretoria A2022 https://repository.up.ac.za/handle/2263/85728 Not applicable en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Consensus in law of contract Consensus and interpretation of contracts Drafting of contracts Constitutional development of law of contract Contractual obligations and performance The significance of consensus in the Law of Contract |
| title | The significance of consensus in the Law of Contract |
| title_full | The significance of consensus in the Law of Contract |
| title_fullStr | The significance of consensus in the Law of Contract |
| title_full_unstemmed | The significance of consensus in the Law of Contract |
| title_short | The significance of consensus in the Law of Contract |
| title_sort | significance of consensus in the law of contract |
| topic | Consensus in law of contract Consensus and interpretation of contracts Drafting of contracts Constitutional development of law of contract Contractual obligations and performance |
| url | https://repository.up.ac.za/handle/2263/85728 |