n Without Prejudice - The exceptio doli generalis - back again? : contract law
|Article Title||The exceptio doli generalis - back again? : contract law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Webber Wentzel and 2 University of Pretoria|
|Publication Date||May 2012|
|Pages||47 - 49|
Before it was abolished in 1988 (the court in Bank of Lisbon and South Africa v De Ornelas 1988 (3) 580 (A) held that the exceptio should never have been accepted as part of our law), a party to a contract could avoid contractual liability based on the bad faith (in other words the reprehensible or unconscionable conduct of the other party to the contract) by raising a specific defence, the exceptio doli generalis (exceptio doli).
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