Contract Law in South Africa by Louis F. Van Huyssteen;Catherine J. Maxwell;

Author:Louis F. Van Huyssteen;Catherine J. Maxwell;
Language: eng
Format: epub
Publisher: Kluwer Law International
Published: 2014-07-15T00:00:00+00:00

§5. RESTITUTION

442. This topic has been discussed above in the context of rescission for improperly obtained consensus and cancellation on the grounds of breach of contract. In modern South African law, it seems reasonably clear that restitution is regarded as a consequence of breaking off contractual relations as a result of unacceptable behaviour by the other party before or after conclusion of the contract, rather than as a substantive remedy closely tied to and based on the reason for the breaking off, as, for example, with respect to the action for restitutio in integrum propter dolum of Roman law. Such an approach has important consequences regarding the requirements for rescission and cancellation, the effect thereof, and the nature of the claim for restitution, as has already been discussed in more detail.

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