Gap filling to address changed circumstances in contract law – when it comes to losses and gains sharing is the fair solution

 

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dc.contributor.author Hutchison, Andrew
dc.coverage.spatial 414-428 en_ZA
dc.date.accessioned 2016-08-29T09:11:26Z
dc.date.available 2016-08-29T09:11:26Z
dc.date.issued 2010-12-01
dc.identifier.citation Hutchison, A. (2010). Gap filling to address changed circumstances in contract law-when it comes to losses and gains, sharing is the fair solution. Stellenbosch L. Rev., 21, 414. en_ZA
dc.identifier.issn 1016-4359
dc.identifier.uri http://hdl.handle.net/11427/21579
dc.description.abstract South African law does not make provision for the impact of fundamentally changed circumstances on a contract if the change does not result in objective impossibility. This is out of synch with most other leading legal systems around the world, as well as with the foremost bodies of supranational contract law rules, such as the Unidroit Principles. When a situation of hardship arises, this creates a gap in a contract, which the parties didn’t foresee and which the law should fill. Ideally resultant losses and gains should be equitably split between the parties. The development of notions of fairness in contracting has reached a point where public policy could require that a situation of changed circumstances be addressed, to achieve a fair result inter partes. This normative principle should underlie the adoption of new rules to deal with hardship in South Africa, which could be based on best international practice as gleaned from comparative study. en_ZA
dc.language eng en_ZA
dc.publisher Juta en_ZA
dc.source Stellenbosch Law Review en_ZA
dc.source.uri http://juta.co.za/products/8245-stellenbosch-law-review-2000-to-date-online
dc.subject Law
dc.subject Contract
dc.subject Hardship
dc.subject Unidroit PICC
dc.subject South Africa
dc.title Gap filling to address changed circumstances in contract law – when it comes to losses and gains sharing is the fair solution en_ZA
dc.type Journal Article en_ZA
uct.type.publication Research en_ZA
uct.type.resource Article en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Hutchison, A. (2010). Gap filling to address changed circumstances in contract law – when it comes to losses and gains sharing is the fair solution. <i>Stellenbosch Law Review</i>, http://hdl.handle.net/11427/21579 en_ZA
dc.identifier.chicagocitation Hutchison, Andrew "Gap filling to address changed circumstances in contract law – when it comes to losses and gains sharing is the fair solution." <i>Stellenbosch Law Review</i> (2010) http://hdl.handle.net/11427/21579 en_ZA
dc.identifier.vancouvercitation Hutchison A. Gap filling to address changed circumstances in contract law – when it comes to losses and gains sharing is the fair solution. Stellenbosch Law Review. 2010; http://hdl.handle.net/11427/21579. en_ZA
dc.identifier.ris TY - Journal Article AU - Hutchison, Andrew AB - South African law does not make provision for the impact of fundamentally changed circumstances on a contract if the change does not result in objective impossibility. This is out of synch with most other leading legal systems around the world, as well as with the foremost bodies of supranational contract law rules, such as the Unidroit Principles. When a situation of hardship arises, this creates a gap in a contract, which the parties didn’t foresee and which the law should fill. Ideally resultant losses and gains should be equitably split between the parties. The development of notions of fairness in contracting has reached a point where public policy could require that a situation of changed circumstances be addressed, to achieve a fair result inter partes. This normative principle should underlie the adoption of new rules to deal with hardship in South Africa, which could be based on best international practice as gleaned from comparative study. DA - 2010-12-01 DB - OpenUCT DP - University of Cape Town J1 - Stellenbosch Law Review KW - Law KW - Contract KW - Hardship KW - Unidroit PICC KW - South Africa LK - https://open.uct.ac.za PB - University of Cape Town PY - 2010 SM - 1016-4359 T1 - Gap filling to address changed circumstances in contract law – when it comes to losses and gains sharing is the fair solution TI - Gap filling to address changed circumstances in contract law – when it comes to losses and gains sharing is the fair solution UR - http://hdl.handle.net/11427/21579 ER - en_ZA


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