Contract General Principles - Investigate and Critically Analyze - Law Assignment Help

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According to, Contract General Principles; Schalk van der Merwe et al,2010;3rd edition, Juta publication, Cape Town; P189

“Performance may be warranted to be possible. The party who gives the warranty will be bound by the contract and will be liable for breach of warranty if he fails to perform correctly, even if the performance turns out to be objectively impossible.”

The position in South African law regarding initial partial impossibility of performance is not altogether clear. It is submitted, however, that partial impossibility in respect of a divisible performance will not prevent an obligation to perform the part of the performance that is possible. Where performance is indivisible, it would seem that the parties are bound to perform to the extent that it would be meaningful, with any counter performance being subject to a proportionate adaptation.”

Taking into consideration the assertion of Schalk van der Merwe et al, discuss the impact of impossibility of performance on a contract concluded according to South African law.

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