Good faith in contract: a uniquely South African perspective

Hutchison, Andrew

Good faith in contract: a uniquely South African perspective

Journal Article

2019-04-01

Journal Title

Journal of Commonwealth Law

Link to Journal

https://www.journalofcommonwealthlaw.org/

Department

Department of Commercial Law

Faculty

Faculty of Law

Abstract

While the doctrine of good faith has always played a role in South African contract law, it is currently being reshaped by the courts under a banner of “transformative constitutionalism”. Of particular interest in this development is the role of an indigenous value of fair dealing, captured by the vernacular term “ubuntu”. The article will (1) compare the Canadian findings in Bhasin with the current South African status quo, and (2) comment on the evolving legal culture of contract in South Africa. In this regard, the role and meaning of ubuntu will be contextually evaluated using social science materials. In combination, this will provide a uniquely South African perspective on an area of contract law which is evolving in the Commonwealth.