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This course is a Free ECSA accredited CPD Course. This free course offers a concise, accessible and rigorous attention to principles of contract law in relation to construction contracts in South Africa. It will highlight specific points to which you need to be vigilant to in construction contracts.

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Course Content

Contracts In General

It is noticeable to see that it is parties that promise and agree to do something or not to do something which is enforceable by law.

Requirements of a Valid Contract

A contract must satisfy certain criteria prior to it be recognized as a valid contract. This brings forth the two fundamental concepts of contract law: consensus and reliance.

Offer and Acceptance

In the construction and building industries, the most common manner to reach an agreement is by way of an invitation to submit a tender/offer, the submission of an offer and an acceptance of that specific offer.

Sanctity of Contracts

This entails agreements freely and seriously entered into must be honoured by the parties thus holding the parties bound to their agreement

Freedom of Contract

People have power to accept binding obligations and to organize their affairs as they see fit. However, this must happen only within the limits of the law and public morality.

Theories of Contract

Theories of Contract is a method to establish the foundation of contract. These are known as the “Will Theory”, the “Declaration Theory” and the “Reliance Theory”

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