oa Comparative and International Law Journal of Southern Africa - The coming of age of specific performance
|Article Title||The coming of age of specific performance|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 University of Otago, New Zealand|
|Publication Date||Jul 1987|
|Pages||190 - 208|
|Keyword(s)||Benson v SA Mutual Life Assurance Society, Contract Law, Contractual obligations, Haynes v King Williamstown Municipality, History, Non-compliance, Roman-Dutch law and South African law|
The theoretical underpinnings of contract law as well as the complications caused by accidents of history are probably demonstrated uniquely by the remedy of specific performance for breach of contract. Although the South African Appellate Division has now settled the law in this respect in Benson v SA Mutual Life Assurance Society, it is difficult to understand the significance of this decision without adopting an historical and comparative overview of the subject. It is the aim of this article to place it in such a perspective.
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