It must therefore be clear that the Parol evidention rule applies only to written contracts. It does so by nature. The rule applies in writing to all contracts, whether or not the law imposes written validity. Moreover, the rule applies not only to explicit terms (conditions that actually appear in the written contract), but also to the implied terms of the law. For example, when land is sold, the law imposes an obligation on the seller to pay the transfer fee in the absence of an express provision to the contrary. It follows that if a written sales contract does not refer to transmission costs, the seller cannot prove that the seller has entered into an alleged prior agreement with the buyer that the buyer must bear those costs. The unspoken terms are not expressly agreed upon by the parties, but are nevertheless part of the contract. They are binding on the parties, without expressly agreeing on the points in question. They are generally naturalia and generally involve legal obligations, and in some cases the parties may vary or be excluded, as in a voetstoots sales contract. These conditions arise from common law, the use of exchanges or customs and status. Most of the language in the act comes from the common law, but there is no closed list because contract law is not static. A clause should not be implied when it conflicts with the express terms of the contract or if they indicate that the parties do not want to include that term. In commercial cases, the courts do not readily accept that a company accepts an agreement that it considers unfair or that it includes inappropriate conditions.
Delegation or intercession is a form of innovation in which, with the agreement of all parties involved, a person outside the original contract is responsible for the implementation of the service agreed upon. Three parties are considering this legal act: (the conclusion of a contract – not just an agreement – in the strict sense of the term requires the existence of the three other elements mentioned above: (1) Reflection, (2) with the intention of creating a legally binding contract and (3) Contractual capacity) South African contract law is “essentially a modernized version of the law of the Roman-Dutch Treaty”. which is itself rooted in canonical and Roman laws. In the broadest definition, a contract is an agreement reached by two or more parties with the serious intention of creating a legal obligation. Contract law provides a legal framework within which individuals can carry out commercial transactions and means of exchange and ensure that the law respects and, if necessary, implements their agreements. Contract law strengthens and governs private sector enterprises in South Africa in the interest of fair trade. Unless it has been expressly abolished, as in the case of insurance contracts, the first contract (residual position) may be reinstated if the second contract bends, as if it is declared null and void for illegality. There is a presumption against innovation, so that “if in doubt, the court prefers not to involve novation”. [200] An important case in this regard is Electric Engraving Process und Stereo Co v Irwin:[201] An offer to purchase is enforceable in accordance with South African law as soon as it has been signed by both parties to the agreement. However, there are certain situations in which the contract can be cancelled and such a situation arises when a suspensive condition is not met in the offer to purchase.
Written contracts may consist of a standard agreement or a letter of confirmation of the agreement.