Corrective measures are either for the performance or termination or termination of a contract. Full benefit is the natural cause of termination of a contract. Since a violation interferes with good performance, the main remedy is therefore to be enforcement. Whistleblowing is an exceptional remedy. The denial of contractual liability in all cases where the parties do not agree could cause undue hardship for a party which, depending on the existence of a contract, has resulted in reasonable costs and, furthermore, would significantly affect the overall reliability of contractual obligations. The courts have alternated between the characterization of the basis of subjective and objective contracts to solve this problem: since many contractual disputes, perhaps the majority, result from differences over the importance of contractual provisions, treaty interpretation is an important area. 3. SECURITY – The agreement must have precise and precise conditions. Contracts that are not secure are vague and will not be maintained by a court. There must be a consensus among the contracting parties. Then there are the general clauses on variation, severance pay, full agreement, transfer, waiver, citandi and executandi (communications, address for Dies), applicable law and jurisdiction, alternative dispute resolution procedures, force majeure (against major and casus fortuitus), costs and confidentiality. A restriction clause is contrary to public policy if the consequence of the deference is unreasonable. In Basson/Chilwan, the Tribunal tested whether a trade restriction agreement is appropriate: South African contract law now focuses more on the intent of the parties and recognizes that the manner in which the contract was drafted cannot always reflect the reality of the agreement.
4. FORMALITY – Some contracts require certain formalities – z.B.: A contract for the sale of land must be written; Similarly, bonding contracts, credit contracts, marriage contracts, ten-year leases and performance donation contracts must be reduced to the letter and signature of the parties. Contract law South Africa was influenced by treaty law between the Netherlands and the Netherlands, which was influenced by canonical and Roman laws. This has allowed South Africa to have a broad right to contracts. A contract can be defined as an agreement between two or more parties for the purpose of creating them and linking them into a single obligation. A genuine agreement (or consensus) as the basis for contractual commitments requires genuine mutual consent of the parties. There is a subjective consensus of this type when all parties involved: this rule states that if a contract has been reduced to the letter, a court will consider that the parties intend the document to reflect all the explicit terms of the contract and will not take into account any external evidence (parol) such as, for example. B, oral proof of what existed between the parties prior to the signing of the agreement. which differs from the written treaty.3 However, in practice, the approach is objective.