Contract Law

Contract law is a branch of law that regulates agreements between legal subjects. Accordingly, this branch of law involves the application of legal principles to, inter alia, the conclusion, performance, and breach of agreements between legal subjects, as well as the adjudication of disputes between legal subjects relating to, and arising out of, such agreements.

Contracting in South Africa is primarily regulated by the Common Law. It is rooted in Roman-Dutch law, infused with English law, and its development in recent years has been predominantly guided by Constitutional principles. In certain sectors, the legislature has sought to deal with the problem of “unfairness” in contractual settings by promulgating legislation such as the Consumer Protection Act, No. 68 of 2008, the National Credit Act, No. 34 of 2005 and the Rental Housing Act, No. 50 of 1999.