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The role of fairness in the law of contract: The case of Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others (CCT109/19)


A recent Constitutional Court judgement has raised questions regarding the role fairness should and does play in the law of contract.

The application concerned the proper constitutional approach to the judicial enforcement of contractual terms and, in particular, the public policy grounds upon which a court may refuse to enforce these terms.

Join Professor Dale Hutchison and Associate Professor Andrew Hutchison in their discussion on:

  • What is the court’s power to decline enforcement of contracts on grounds of public policy?
  • How does this decision fit in with ubuntu and the transformation of contract law?


11 August 2020 (14:00 to 15:00)


Dale Hutchison studied law at UCT, graduating magna cum laude. After doctoral studies at Trinity Hall, Cambridge, he returned to UCT as a senior lecturer in Roman Dutch & Private Law. He received a Distinguished Teacher Award in 1982, and in 1983 was appointed to the Chair of Roman Dutch & Private Law. He has also served the Faculty as Deputy Dean; sat as a Commissioner of the Small Claims Court in Wynberg; and was a member of the Governing Body of a local school. His main teaching subjects are the Law of Contract and the Law of Cession, but he has also taught many other courses including: the Law of Delict; Succession; Trusts; Estoppel; and Criminal Law. A particular research interest of his has been the problem of economic loss on the border between contract and delict. He has published extensively and was General Editor of Wille's Principles of South African Law. He received an Alexander Von Humboldt Fellowship in 1993 for study at the University of Regensburg. He has practised as an advocate of the High Court and is currently in-house counsel for a leading law firm.

Andrew Hutchison is a contracts specialist and has published a body of work in leading South African and international peer-reviewed law journals and edited books on contract law. A theme running through most of these articles is the role to be given to good faith or fairness in South African contract law. He is interested in the comparative and historical angles to this question, as well as the constitutional and relational dimensions. He is currently engaged in research on financial inclusion and stokvels in Cape Town, South Africa. He presented a guest lecture series at the Levin College of Law at the University of Florida in January 2014. He has since then been a research visitor (inter alia) at the Edinburgh Centre for Private Law (Scotland, UK); the Max Planck Institute for Comparative and International Private Law (Hamburg, Germany); and Monash University’s Department of Business Law and Taxation (Melbourne, Australia).

How much?

R150 per person

How to sign up

Download and complete the registration form, and return it to us. We will then send you the payment information.
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Registrations close three days before the webinar.

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