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Alfred McAlpine v Transvaal Provincial Administration
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Alfred McAlpine v Transvaal Provincial Administration : ウィキペディア英語版
Alfred McAlpine v Transvaal Provincial Administration

''Alfred McAlpine & Son (Pty) Ltd v Transvaal Provincial Administration''〔1974 (3) SA 506 (A).〕 is an important case in the South African law of contract, heard in the Appellate Division from 18 to 21 February 1974, and decided on 20 May. The case concerned a contract to build a portion of a national road, into which contract an exceptional number of variations was introduced. The result was disruption. Because the contract had not lapsed, the court determined that there was no new agreement in terms of which the contractor was entitled to reasonable remuneration instead of the contract price, and there was no implied term stipulating that the owner must introduce the variations "at reasonable times."
== Facts ==
Alfred McAlpine & Son was the plaintiff, and the Transvaal Provincial Administration (TPA) the defendant, in the court ''a quo''. The parties had entered into a contract in terms whereof the plaintiff had undertaken to build a portion of a national road. Certain declaratory orders were applied for on the plaintiff's behalf.
During the execution of the contract, the contractor had received instructions to introduce an exceptionally large number of alterations which in certain cases had caused disruption. On McAlpine's behalf, it was alleged that, although each alteration had fallen within the scope of the contract, the cumulative effect of all the alterations was of such a nature that the original contract had lapsed and a new contract arisen impliedly through the conduct of the parties. In terms of this new contract, the plaintiff was entitled to reasonable remuneration for all the work it had done: that is, from the commencement of the execution of the contract.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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