Browsing PER: Potchefstroom Electronic Law Journal by Subject "Public policy"
Now showing items 1-7 of 7
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Exemption clauses and the Consumer Protection Act 68 of 2008: an assessment of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ)
(2014)Exemption clauses are a rule rather than an exception particularly in standard-form contracts. Consumers are usually forced to accept such terms on a "take-it-or-leave-it" basis. This state of affairs shows that freedom ... -
Jordan v Farber (1352/90) [2009] ZANCHC 81 (15/12/2009)
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This case note deals with several aspects of the law of contract, such as public policy and validity, error, cancellation, repudiation, undue influence and damages. It concerns the case of an elderly couple who had to ... -
King v De Jager : Implications for Religion Based Discrimination in Wills
(PER/PELJ, 2022)In King v De Jager 2021 5 BCLR 449 (CC), the Constitutional Court held that a clause in a private will that unfairly discriminated against beneficiaries based on gender was unlawful and unenforceable. This note considers ... -
Reflecting on the role and impact of the Constitutional Value of uBuntu on the concept of Contractual Freedom and Autonomy in South Africa
(PER/PELJ, 2021)Private parties have the freedom and autonomy to enter into a contract. This autonomy is deeply rooted in their dignity and personal liberties. Private individuals, in furtherance of their autonomy and freedom to enter ... -
Shareholder oppression as corporate conduct repugnant to public policy : infusing the concept of Ubuntu in the interpretation of Section 163 of the Companies Act 71 of 2008
(PER/PELJ, 2021)The concept of ubuntu continues to exert considerable influence on the development and the general application of post-independence jurisprudence in South Africa. While ubuntu undoubtedly permeates the interpretation of a ... -
The unilateral determination of price - a question of certainty or public policy?
(2013)The unilateral determination of price has been a controversial issue for an extended period of time. During the 1990s the Supreme Court of Appeal asked if the rule should still form part of South African law. Specifically, ... -
Yet another call for a greater role for good faith in the South African law of contract: Can we banish the law of the jungle, while avoiding the elephant in the room?
(2013)This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how ...
