1887

n South African Law Journal - Pre-contractual misrepresentation, contractual terms, and the measure of damages when the contract is upheld

Volume 125, Issue 2
  • ISSN : 0258-2503
USD

 

Abstract

This article offers an alternative to the current method of calculating damages in instances of pre-contractual misrepresentation inducing a contract which is subsequently upheld by the misrepresentee (while answering objections to this approach gleaned from certain key cases), and suggests a solution that is simple, fair and reasonable. The article does not deal with pre-contractual fraud in general, but looks specifically at the issue of a false representation pertaining to a contractual term, which legal practitioners and courts find difficult to classify. Is it a delict, a breach of contract, or a contractual delict?

Loading full text...

Full text loading...

Loading

Article metrics loading...

/content/ju_salj/125/2/EJC53819
2008-01-01
2017-02-24

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error