Interpretation Of Construction Contracts In South Africa

The interpreting of grammatical twisting drive is no diverse than the interpretation general contract, but South African courts have recognize that construction contracts have very peculiar characteristics (Concrete Construction (Pty) Ltd v Keidan & Co (Pty) Ltd 1955 (4) SA 315 (A) at 318D). Lawyers in general tend to liveliness at the words in the contract to determine the implication of the parties as reflected by these words. The biggest reason for this is the fact that the intension of the parties cannot be expressed by word alone.

This makes is sometimes easier to interpret a oral contract than a written contract:

The reason, no doubt, is the witnesses giving evidence about the terms of an oral contract consciously or unconsciously inject into their evidence something more than than a straight recollection of the words used, so that what the key the court tends to be their understanding of the words of the contract alternatively than the plain unvarnished words themselves. (The law of contract in SA, Christi, p176)

One expression that applies only to written contracts is the parol evidence rule.



This rule implies:

Where the parties in a contract has decided the contract must(prenominal) be in writing, their decision pass on be respected, and the resulting register or documents will be accepted as the resole evidence of the terms of the contract. (The law of contract in SA, Christie, p176)

This makes it steady more difficult to interpret a written construction contract. Especially in the construction contracts the contents might not express the different parties intent. This gives rise to a lot of disputes because of different interpretation of the words used in the contract. With this in forefront it will thus be inappropriate to interpret the construction contract in a strictly linguistic approach. This will give a skilled lawyer the chance to arrive at a dispute with an interpretation that suites his client. The courts will actually oppose the rule being used as an engine of machination by a party who...If you want to get a full essay, order it on our website: Ordercustompaper.com



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