1887

n Without Prejudice - Whose duty is it anyway? : contract law

Volume 12, Issue 2
  • ISSN : 1681-178X
USD

 

Abstract

South African contract law upholds the concept of contractual autonomy, as well as the maxim . As a result, the courts traditionally adopted a non-interventionist approach and were reluctant to declare an otherwise valid contract unenforceable. However, post 1996, the courts have shown a willingness to intervene in contractual matters where it has been found that the enforcement of a contractual term could compromise the principles of equity and good faith, which underpin our Constitution. But this position has been made uncertain by a recent decision by the Supreme Court of Appeal (SCA).

Loading full text...

Full text loading...

Loading

Article metrics loading...

/content/jb_prej/12/2/EJC119781
2012-03-01
2016-12-10

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error