- Whose duty is it anyway? – Article0.07 MB
Under our current constitutional dispensation, and in light of the Constitutional Court judgement in Barkhuizen v Napier (2007 (5) SA 323), it was generally accepted that our courts, by virtue of public policy, have the power to refuse to give effect to the implementation of contractual provisions which it regards to be unreasonable, unfair or in bad faith.
Article by Euphemia Annor (Professional Assistant), verified by Andre Visser (Partner), Corporate and Commercial Department, Adams & Adams.
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