n Latin American Report - Critical comparison of the concept of termination of contract in South Africa, England and the CISG

Volume 29, Issue 2
  • ISSN : 0256-6060



The aim of this article is to critically compare and evaluate the explanatory possibilities of the terms used for termination of contract and the conditions of their application in South Africa, England and the Convention for the International Sale of Goods (CISG). South Africa uses the term "cancellation", England uses several terms, but "discharge" was analysed in this article while the CISG uses the term "avoidance". This article provides more of a summary than a discussion, but it is also concerned with re-emphasising the similarities and differences in the requirements and general principles of South African law, English law and the CISG. The article starts with critical comments on the choice of the use of the terms "cancellation", "discharge" and "avoidance", which are used to bring a contract to an end under the three legal systems. It has been observed that these terms meet and diverge. The article then goes on to compare the significance of requirements and general principles in order to reveal the form, content and context that influence the interpretation of cancellation, discharge and avoidance as a remedy for breach of contract. The author argues that while under South Africa law, cancellation is an extraordinary remedy, England uses discharge as a right, and avoidance is a remedy of last resort in terms of the CISG.

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