n Without Prejudice - Contractual fairness v certainty : contract law

Volume 15, Issue 11
  • ISSN : 1681-178X



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 and with fairness and public policy. It has introduced uncertainty into our law of contract. broadly means that one is free to decide whether, with whom and on what terms to contract, while requires exact enforcement by the courts of valid contractual obligations.

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