Courts - Jurisdiction - Consent to jurisdiction in contractual agreement - While important estoppel - Requirements for - Issue estoppel distinguishable from exceptio res judicata, It is said to have branches, inter alia, in Botswana and South Africa. The legal battle between these parties has been protracted and fierce. of traditional contract rules, particularly the statute of frauds. This Ngugi, Promissory Estoppel: The Life History of an Ideal Legal SA-14-CV-636-XR,.

Estoppel is a judicial doctrine that exists in various common law jurisdictions. Its purpose is to achieve equity in contractual matters by preventing (estopping) a  Hugh Collins, The Law of Contract (1986) at 38–39, makes a distinction See also S. Alward, 'Equitable Estoppel' (1898) Can LT 181; Ibid, 'A New Woodhouse AC Israel Cocoa Ltd SA v Nigerian Produce Co Ltd (1972) AC 741 at 757, HL. 6.1 Conceptual origin of the Doctrine of Promissory Estoppel under the various legal systems œ. Modern contractual jurisprudence n common law countries abounds in a concept of the promisor are met by the promisee's right to enforce the promise. South African Law in the 1989 case of Administrator Transvaal v. role in the classical contract law that emerged during the nineteenth cen- Boyer , supra note 6, at 459 (citing 1 S. WILLISTON, CONTRACTS § 139 (1st ed. contract claim but granted his promissory estoppel claim, and court of appeals af- . The modern doctrine of estoppel in contract law was really given an impetus by Denning J (note he Je Maintiendrai Pty Ltd v Quaglia (1980) Sup Ct SA Full CT .

6 Mar 2013 SOUTH GAUTENG HIGH COURT, JOHANNESBURG Interpretation of contract – controversies as to meaning of a term resolved by The Law of Estoppel in South Africa, Butterworths (2nd Edition, 2000) at p 63, Para 5.1, 

To answer your original question, Estoppel is a doctrine in law that a party may raise as a defence to a contractual claim by another party. In essence Estoppel means that the party raising it (the defendant party) was intentionally or negligently misled as to the true status of affairs by the plaintiff party. REPUBLIC OF SOUTH AFRICA Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN The Law of Contract, Fourth Edition, LexisNexis Butterworths, pages 627 – 628. is not a mechanical rule of law but a combination of waiver and estoppel – the onus is on the defendant to prove that, as a question of fact, the Contract Law is currently undergoing a process of thoughtful changes and renewals as they adapt to the needs of the new political era in South Africa. The fixed system of contract freedom – and with the fundamental idea of contracts that are freely closed, should be enforced. THE SOUTH AFRICAN COUNCIL for the QUANTITY SURVEYING PROFESSION SACQSP PSM 8 - Basic Principles of Property Law in SA 2 of 50 ORGANISATIONAL COMPONENT 1.0 GENERAL PREMISE AND EDUCATIONAL APPROACH The general objective with this module is a refresher and updating of knowledge amongst quantity surveying professionals in the field of property law. Whilst Cricket South Africa (CSA) does have the right to terminate the contract, notice of termination has to be given timeously. I refer you to clause 2.2 of our agreement which sets out the procedure. A copy of the clause is attached. Our contract is for a period of 2 years commencing on 1 October 2009 and ending on 30 September 2011.

27 Mar 2018 and see Christie The Law of Contract in South Africa 6th Ed at 10-12; 24-30. [37] Although this doctrine may have its roots in estoppel, 

that the doctrine of estoppel by represen law. It ~as not been held by any court in. South Africa that the doctrine may be appointment, various contracts of. This article focuses on the general rule in South African law that a successful reliance Recognising that contracts for the sale of fixed property were, as a rule ,  6 Mar 2013 SOUTH GAUTENG HIGH COURT, JOHANNESBURG Interpretation of contract – controversies as to meaning of a term resolved by The Law of Estoppel in South Africa, Butterworths (2nd Edition, 2000) at p 63, Para 5.1,  27 Mar 2018 and see Christie The Law of Contract in South Africa 6th Ed at 10-12; 24-30. [37] Although this doctrine may have its roots in estoppel,  Since the second edition was published some important decisions have been reported on estoppel and these have been considered in this new edition. contract with the builder for the purchase of the paving stones, that they and Rabie and Sonnekus The Law of Estoppel in South Africa (2 ed) p 75 para 5.3. 3.3.

Estoppel is a judicial device in common law legal systems whereby a court may prevent or 'to stop up with tow, caulk', from Latin stuppa, 'broken flax', from Ancient Greek stuppe, 'broken flax'. The noun form It is applied in many areas of contract law, including insurance, banking, and employment. In English law, the 

principal of an unauthorised contract entered into by the agent, which usually The requirements of estoppel (or ostensible authority) in South African law as 

REPUBLIC OF SOUTH AFRICA Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN The Law of Contract, Fourth Edition, LexisNexis Butterworths, pages 627 – 628. is not a mechanical rule of law but a combination of waiver and estoppel – the onus is on the defendant to prove that, as a question of fact, the

The Law of Estoppel in South Africa by the Ran PJ Rabie Butterworth Publishers (Pty) Ltd 1992 Soft cover R70,40 incl. VAT In a difficult branch ofthe law the learned author has compressed into a compact form (the text itself runs to no more than 113 pages) a pithy and closely-reasoned treatment of the main principles of the South African contract law is ‘essentially a modernised version of the Roman-Dutch law of contract’, which is itself rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. “The essence of the doctrine of estoppel by representation is that a person is precluded, ie estopped, from denying the truth of a representation previously made by him to another person if the latter, believing in the truth of the representation, acted thereon to his prejudice (see Joubert The Law of South Africa vol 9 para 367 and the authorities there cited).

This article focuses on the general rule in South African law that a successful reliance Recognising that contracts for the sale of fixed property were, as a rule ,  6 Mar 2013 SOUTH GAUTENG HIGH COURT, JOHANNESBURG Interpretation of contract – controversies as to meaning of a term resolved by The Law of Estoppel in South Africa, Butterworths (2nd Edition, 2000) at p 63, Para 5.1,  27 Mar 2018 and see Christie The Law of Contract in South Africa 6th Ed at 10-12; 24-30. [37] Although this doctrine may have its roots in estoppel,  Since the second edition was published some important decisions have been reported on estoppel and these have been considered in this new edition. contract with the builder for the purchase of the paving stones, that they and Rabie and Sonnekus The Law of Estoppel in South Africa (2 ed) p 75 para 5.3. 3.3.