The impact of Beadica on the public policy doctrine in South African contract law
| dc.contributor.advisor | Price, Alistair | |
| dc.contributor.advisor | Naud, Tjakie | |
| dc.contributor.author | Taylor, Max | |
| dc.date.accessioned | 2025-04-03T10:34:30Z | |
| dc.date.available | 2025-04-03T10:34:30Z | |
| dc.date.issued | 2024 | |
| dc.date.updated | 2025-04-03T10:30:23Z | |
| dc.description.abstract | The Constitutional Court's judgment in Beadica 231 CC v Trustees for the time being of the Oregon Trust (‘Beadica') sought to settle a long-standing debate in South African contract law concerning the proper scope of the public policy doctrine. This thesis traces the historical development of the doctrine and then critically evaluates the Beadica decision, firstly by clarifying what it held and, secondly by identifying certain doctrinal questions that remain unresolved post-Beadica, particularly questions relating to the application of the test developed by the Constitutional Court in Barkhuizen v Napier. The thesis contends that Beadica held that the public policy doctrine does not permit courts to override contracts on the stand-alone basis that they are unreasonable or contrary to some other abstract value. It did not, however, take the more far-reaching view, ascribed to it by the dissenting judgment, that abstract values can never be directly applied as override grounds under the public policy doctrine. Instead, it held that abstract values can be directly applied, contingent on certain conditions being met. Drawing on various historical and conceptual arguments developed during the thesis, possible avenues for the further rationalisation and constitutionalisation of the public policy doctrine are proposed and assessed. | |
| dc.identifier.apacitation | Taylor, M. (2024). <i>The impact of Beadica on the public policy doctrine in South African contract law</i>. (). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/41340 | en_ZA |
| dc.identifier.chicagocitation | Taylor, Max. <i>"The impact of Beadica on the public policy doctrine in South African contract law."</i> ., University of Cape Town ,Faculty of Law ,Department of Public Law, 2024. http://hdl.handle.net/11427/41340 | en_ZA |
| dc.identifier.citation | Taylor, M. 2024. The impact of Beadica on the public policy doctrine in South African contract law. . University of Cape Town ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/41340 | en_ZA |
| dc.identifier.ris | TY - Thesis / Dissertation AU - Taylor, Max AB - The Constitutional Court's judgment in Beadica 231 CC v Trustees for the time being of the Oregon Trust (‘Beadica') sought to settle a long-standing debate in South African contract law concerning the proper scope of the public policy doctrine. This thesis traces the historical development of the doctrine and then critically evaluates the Beadica decision, firstly by clarifying what it held and, secondly by identifying certain doctrinal questions that remain unresolved post-Beadica, particularly questions relating to the application of the test developed by the Constitutional Court in Barkhuizen v Napier. The thesis contends that Beadica held that the public policy doctrine does not permit courts to override contracts on the stand-alone basis that they are unreasonable or contrary to some other abstract value. It did not, however, take the more far-reaching view, ascribed to it by the dissenting judgment, that abstract values can never be directly applied as override grounds under the public policy doctrine. Instead, it held that abstract values can be directly applied, contingent on certain conditions being met. Drawing on various historical and conceptual arguments developed during the thesis, possible avenues for the further rationalisation and constitutionalisation of the public policy doctrine are proposed and assessed. DA - 2024 DB - OpenUCT DP - University of Cape Town KW - private law LK - https://open.uct.ac.za PB - University of Cape Town PY - 2024 T1 - The impact of Beadica on the public policy doctrine in South African contract law TI - The impact of Beadica on the public policy doctrine in South African contract law UR - http://hdl.handle.net/11427/41340 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/41340 | |
| dc.identifier.vancouvercitation | Taylor M. The impact of Beadica on the public policy doctrine in South African contract law. []. University of Cape Town ,Faculty of Law ,Department of Public Law, 2024 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/41340 | en_ZA |
| dc.language.iso | en | |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Public Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.publisher.institution | University of Cape Town | |
| dc.subject | private law | |
| dc.title | The impact of Beadica on the public policy doctrine in South African contract law | |
| dc.type | Thesis / Dissertation | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |