Union Government v Vianini Ferro-Concrete Pipes

Union Government v Vianini Ferro-Concrete Pipes (Pty) Ltd^[1] is an important case in South African contract law, heard in the Appellate Division by De Wet CJ, Watermeyer JA, Tindall JA, Centlivres JA and Feetham JA on September 25 and October 15, 1940.

Parole evidence rule

The case is consulted today primarily for its articulation of the parole evidence rule:

Now this Court has accepted the rule that when a contract has been reduced to writing, the writing is, in general, regarded as the exclusive memorial of the transaction and in a suit between the parties no evidence to prove its terms may be given save the document or secondary evidence of its contents, nor may the contents of such document be contradicted, altered, added to or varied by parol evidence.^[2]

References

Books

• Du Plessis, Jacques, et al. The Law of Contract in South Africa. Edited by Dale Hutchison, Chris-James Pretorius, Mark Townsend and Helena Janisch. Cape Town, Western Cape: Oxford University Press, 2010.

Cases

• Union Government v Vianini Ferro-Concrete Pipes (Pty) Ltd 1941 AD 43.

Notes