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Southern Cross$
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Reinhard Zimmermann and Daniel Visser

Print publication date: 1996

Print ISBN-13: 9780198260875

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198260875.001.0001

Voidable Contracts

Chapter:
(p. 261 ) 8. Voidable Contracts
Source:
Southern Cross
Author(s):

Gerhard Lubbe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198260875.003.0009

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.

Keywords:   South African law, contract law, contract rescission, innocent misrepresentation, undue influence, equity jurisprudence

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