If two parties are mutually indebted because of different obligations, one can be compensated against the other in order to avoid the burden on two different dispute resolution groups. The transfer is automatic, as long as its requirements are met, but applies only to debts subject to liquidation, i.e. only for money and not for unpaid debts. These are quickly and simply proven. A right to a given benefit is the main, most obvious and most fundamental remedy in the event of a breach of contract, because it maintains the interest of the creditor: if you enter into a contract, you expect a benefit in relation to it. The South African approach is thus totally and economically contrary when damages are privileged and for which a given benefit is a particular discretionary benefit that can only be claimed in certain circumstances.   A right to a special benefit may be for the payment of a sum of money (ad pecuniam solvendum), a right to perform a positive act other than the payment of money (ad factum praestandum) or a right to the performance of a negative obligation. The purpose of declarations of intent and declarations of intent is to distill the essential conditions of a contract that will be concluded in the future on the fundamentals. In addition to Essentialia, Naturalia and Incidentalia, on the one hand, and the implicit and explicit terms, on the other hand, Professor AJ Kerr of the University of Rhodes proposes a more popular classification of contractual terms. It divides them more closely: public order has no meaning, because it represents the public opinion of a given community at a given time.
Public policy considerations are found in legislation, common law, good morality or the public interest. Much of the jurisprudence on performance contra bonos mores involves immoral or sexually reprehensible behavior. Parliament sometimes expressly or tacitly prohibits the conclusion of certain contracts. Since 1994, public order in South Africa has been anchored mainly in the values enshrined in the Constitution. Examples of contracts that are valid in all parties, but which cannot be applied against third parties, unless they fulfil the notarized execution and/or registration procedures: misrepresentation can be made by words, behaviours or even silences. This ultimately occurs when a party does not disclose an essential fact in circumstances where there is a legal obligation to do so. In the past, the law has recognized such a duty to speak only in a limited number of exceptional cases – if, for example. B there is a special relationship of trust between the parties, as in the case of partners, or when a law requires a person to disclose certain information. However, a general principle emerges today, requiring a party to speak when the information in question is in its exclusive knowledge, and whose exclusivity is the right of the other party to transmit information by honest persons. If the other party is not in a position to express itself in such circumstances, it is entitled to the same means of redress as in the case of false positive presentation. The basic principle of “caveat emptor,” which means “to pay attention to the buyer,” applies to all U.S.
transactions.  In Laidlaw v. The Supreme Court ruled that the buyer did not have to inform the seller of information that the buyer knew could influence the price of the product.  Standard contracts are generally written for the benefit of the interests of the person proposing the contract. It is possible to negotiate the terms of a standard form contract. In some cases, however, your only option may be to “take or leave.” You should read the entire contract, including the fine print, before signing.Back to Blog