n Without Prejudice - Contractual fairness v certainty : contract law
|Article Title||Contractual fairness v certainty : contract law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Dec 2015|
|Pages||52 - 57|
The recent Constitution Seventeenth Amendment Act, which conferred jurisdiction upon the Constitutional Court in non-constitutional matters, has resulted in a worrying trend to temper the fundamental internationally recognised principles of "freedom of contract" and "contracts must be honoured" with fairness and public policy. It has introduced uncertainty into our law of contract. "Freedom of contract" broadly means that one is free to decide whether, with whom and on what terms to contract, while "contracts must be honoured" requires exact enforcement by the courts of valid contractual obligations.
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