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The impact of pacta sunt servanda in the law of contract
Mini Dissertation (LLM)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613719133945857 |
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| access_status_str | Open Access |
| author2 | Nagtegaal, A. |
| author_browse | Nagtegaal, A. |
| author_facet | Nagtegaal, A. |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/53181 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:36.899Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/53181 The impact of pacta sunt servanda in the law of contract Nagtegaal, A. MIRANDAMAYPILLAY@GMAIL.COM Pillay, Mayuri Miranda UCTD Law of contract Law theses SDG-17 SDG-17: Partnerships for the goals Mini Dissertation (LLM)--University of Pretoria, 2015. The research in this dissertation investigates the impact of pacta sunt servanda in the South African law of contract. The notion that agreements seriously entered into must be honoured is an age-old principle which has found recognition in South African law. The common law foundational principles of contract law are explained and the impact of the Constitution on these principles is analysed. The Constitution is the highest law in the land and all law, including the common law, must conform to it. The cornerstones of the South African law of contract are good faith, freedom of contract, sanctity of contract and privity of contract. The competing common law foundational values are discussed with particular emphasis on the principles of sanctity of contract and freedom of contract. The notion of freedom of contract is a constitutionally recognised principle which is associated with party autonomy and denotes minimal state interference. Pacta sunt servanda states that obligations created in terms of an agreement must be honoured; therefore parties who enter into contractual agreements with the relevant intention are obliged to respect the agreement. There are many dimensions to a contract which affect its meaning as a legal instrument, apart from the legal dimension there is also a structural dimension of contracts. With regards to the structural dimension, the interpretation and the drafting of contracts is relevant because this is the process by which the agreement between the parties is codified and interpreted. In order for the principle of pacta sunt servanda to operate successfully in contractual agreements, the written contract must clearly indicate the intention of the parties. In this research both interpretation and drafting of contracts will be examined to identify their impact on the principle of pacta sunt servanda. Pacta sunt servanda influences the interpretation and drafting of contracts and must therefore always be considered when executing contractual agreements. The case law in this research highlights the fact that courts are in favour of contractual validity and have accepted pacta sunt servanda as a cemented principle in the South African law of contract. Mercantile Law LLM Unrestricted 2016-06-14T09:45:18Z 2016-06-14T09:45:18Z 2016-04-14 2015 Mini Dissertation Pillay, MM 2016, The impact of pacta sunt servanda in the law of contract, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53181> A2016 http://hdl.handle.net/2263/53181 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Law of contract Law theses SDG-17 SDG-17: Partnerships for the goals The impact of pacta sunt servanda in the law of contract |
| title | The impact of pacta sunt servanda in the law of contract |
| title_full | The impact of pacta sunt servanda in the law of contract |
| title_fullStr | The impact of pacta sunt servanda in the law of contract |
| title_full_unstemmed | The impact of pacta sunt servanda in the law of contract |
| title_short | The impact of pacta sunt servanda in the law of contract |
| title_sort | impact of pacta sunt servanda in the law of contract |
| topic | UCTD Law of contract Law theses SDG-17 SDG-17: Partnerships for the goals |
| url | http://hdl.handle.net/2263/53181 |