Gap filling to address changed circumstances in contract law – when it comes to losses and gains sharing is the fair solution
| 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.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.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.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.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 |
| dc.identifier.uri | http://hdl.handle.net/11427/21579 | |
| 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.language | eng | en_ZA |
| dc.publisher | Juta | en_ZA |
| dc.publisher.department | Department of Commercial Law | en_ZA |
| dc.publisher.faculty | Faculty of Law | en_ZA |
| dc.publisher.institution | University of Cape Town | |
| 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.filetype | Text | |
| uct.type.filetype | Image | |
| uct.type.publication | Research | en_ZA |
| uct.type.resource | Article | en_ZA |