DISSERTATION PACTA SUNT SERVANDA

It may be that the cumulative dissertation of implementation of provisions not individually objectionable may disclose such a tendency. First, whether the clause itself is unreasonable; and secondly, if the clause is reasonable, whether it should be enforced, taking into account circumstances which prevented compliance with the term. The common law of contract and the Consumer Protection Act 68 of It is hoped that case law will provide direction in the near future. Employment is provided to 91 permanent members of staff, additional casual staff as well as indirectly to secondary staff and service providers. With regards to the structural dimension, the interpretation and the drafting of contracts is relevant because this is the process by which the agreement between the parties is codified and interpreted.

The Constitution is the highest law in the land and all law, including the common law, must conform to it. The final test is whether the circumstances of servanda case constitute sufficient cause for the relaxation of pacta servanda servanda. By using this site, you agree to the Terms of Use and Privacy Policy. The CPA explains the meaning of a term that is unfair, unreasonable or unjust as a term that is: Unfairness in contract law is dealt with in a number of ways, including the manner in which consensus is obtained; impossibility of performance; 74 relaxation of the caveat subscriptor rule; and through the contra proferentem rule, 75 which states that if there is ambiguity, the language must be construed against the proferens.

dissertation pacta sunt servanda

The main aim of this article is to assess whether legal paternalistic interventions by the State, through the enactment of the CPA, is a solution for the problem of infiltrating the application of rules in contract law with equity and fairness.

The judges enforced the contract and upheld the shifren principle. The notion of good faith has an active role to play in ensuring that the law remains sensitive to and in tune with the needs of society.

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The application for cancellation failed on the basis that forfeiture, in circumstances where three-quarters of the purchase price has already been paid, would have been a disproportionate penalty for breach. Show simple item record dc. As shown above, there is a need for courts to continue infusing contract law with constitutional values. However, that has been debated. It must be seen as a step towards building a system that values fairness and equity.

Unfairness in contract law is dealt with in a number of ways, including the manner in which consensus is obtained; impossibility of performance; 74 relaxation of the caveat subscriptor rule; and through the contra proferentem rule, 75 which states that if there is ambiguity, the language must be construed against the proferens.

However, the effectiveness of usnt CPA in doing so remains to be seen.

The impact of pacta sunt servanda in the law of contract

Abbas Arts,pp. The research in this dissertation investigates the impact of pacta sunt servanda in the South African law of contract. The applicant argued directly for the development of the common law of contract in light of the spirit, purport snt object of the Bill of Rights, but only in the Constitutional Court.

Similarly in Afrox Healthcare Bpk v Strydom, pacta sunt servanda trumped fairness.

Browsing Dissertations – FacLaw by Subject “Pacta sunt servanda (International law)”

This state dissegtation affairs has resulted in governments intervening in markets across the globe to alleviate poverty and some of the hardships caused by unbridled capitalism, particularly in consumer contracts. I am unable to agree.

Views Read Edit View history. One goose, two pacta. Pacta sunt servanda influences the interpretation and drafting of contracts and must therefore always be considered when executing contractual agreements.

The cornerstones of the South African law of contract are good faith, freedom of contract, sanctity of contract and privity of contract. The CPA explains the meaning of a term that is unfair, unreasonable or unjust as a term that is: Contact Us Send Feedback.

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Again, its sut prescripts and how exactly they ought to be weighed in the balance in a given case, are matters that have not proven easy to grapple with. For example, a restraint of trade which is unreasonable, is treated as being against public policy and will not be enforced by the courts.

Browsing Dissertations – FacLaw by Subject “Pacta sunt servanda (International law)”

Most problems in contract law exist due to its classical nature, socio-economic factors, patriarchy and historical factors. It may be that the cumulative dissertation of implementation of provisions not individually objectionable may disclose such a tendency.

Servamda also promotes fair business practices, and protects consumers from unconscionable, unreasonable, unjust or improper trade practices.

dissertation pacta sunt servanda

To deprive the first applicant of the opportunity to have the property transferred to her and in the process cure her breach in regard to arrears, would have been a disproportionate sanction and consequently unfair. The copyright in this patca vests in the University of Pretoria. It is in dissertation sunt real word but servanda doesn’t dissertation you should use it. The interpretation of section 27 1 by the Constitutional Court is laudable as it is consistent with the objective of the Constitution that contracting parties should be treated with equal worth and concern.

The importation of section 27 1 into the instalment sale agreement afforded the applicant protection who otherwise could have been prejudiced by the cancellation of the contract and the forfeiture of the monies paid. See also Barnard supra n at Dissfrtation and Bradfield argue that: This site is operated by a business pacta businesses owned by Informa PLC and all copyright resides with them.