When dealing with the defeasibility of contracts South African courts have traditionally referred to the grounds for restitutio in integrum in Roman-Dutch law. In the former South African Republic the treatment of dolus and metus by certain old authorities was enshrined as the law of the land by a single lex citand. However, modern sources reveal that South African law has moved beyond the classic themes of dolus and metus as grounds justifying the rescission of a contract. This chapter attempts to explain the development of the grounds for rescission in South African law — a process generally attributed to the adoption of the doctrines of innocent misrepresentation and undue influence from English equity jurisprudence by the South African courts.
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