Die interpretasiereël in die Suid-Afrikaanse kontraktereg – Deel Twee

Abstract

In the first part of this article (that appeared in the June 2016 issue of this journal), the author analysed the development and current application of the interpretation rule in the South African law of contract. In the second part of this article, the author investigates in detail whether the current application of the interpretation rule is in line with the South African contractual liability approaches. The basis of contractual liability is briefly examined and how this concept is expressed as the common intention of the parties when a contract is entered into. Finally, the reasons for the existence of the application of the interpretation rule are critically investigated. It is argued that, although there has been considerable progress in terms of the admission of extrinsic evidence in the interpretation of contracts in the South African law, there is still a large degree of confusion and the current application in terms of the admission of extrinsic evidence in the interpretation of contracts still falls short. It is, therefore, recommended that legislation seems to be the only workable solution to rectify the problems pertaining to the interpretation rule once and for all.