n Without Prejudice - Statutory prescription periods : contract law
|Article Title||Statutory prescription periods : contract law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||May 2008|
|Pages||29 - 32|
The Constitutional Court last April held that a clause in a contract between private persons, which shortens the three-year statutory prescription period within which to institute civil action, is valid and enforceable (Barkhuizen v Napier 2007 (5) SA 323 CC). In arriving at its decision, the Court established as a threshold an approach to constitutional challenges to contractual terms (without prejudice June 2007 p21)
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