‘The Future of the Law of Contract’ – special number of Acta Juridica

This volume of Acta Juridica is dedicated to Dale Hutchison in celebration of his distinguished career as a teacher and researcher – hence it will come as no surprise that we have organised the contributions under the title The Future of the Law of Contract. Although Dale has done significant work in various areas of law, there can be no doubt that his principal contribution has been in the law of contract. Over the last 40 years he has had a profound influence on the law of contract through his teaching, his scholarly work, and his contribution to practice. We thought, therefore, that it would be appropriate to draw together leading South African and international contract scholars to present a range of answers to the question ‘What will make the law of contract fit for the twenty-first century, fully able to deal with the challenges that the modern world presents?’

Preface (Daniel Visser and Tjakie Naude)

The future of contract law: Three conversations at the Cape (Roger Brownsword)

Breach of contract (Eric Clive)

Contract law reform: Legislators or judges – or both? (Hector L Macqueen)

Bona fides and ubuntu – A response to Dale Hutchison (Jaco Barnard-Naudé)

The future of the doctrine of economic duress in South African contract law: The influence of Roman-Dutch law, English law and the Constitution of the Republic of South Africa, 1996 (Deeksha Bhana)

Equity and certainty in contract law (FDJ Brand)

Some thoughts on the consequences of illegal contracts (Jacques Du Plessis)

The contract-delict interface and harm-causing omissions (Anton Fagan)

Agency in South Africa: Mapping its defining characteristics (Graham Glover)

Recontextualising the teaching of commercial transactions law for an African university (Andrew Hutchison)

Authority by representation – a rule lacking a theory: A reappraisal of Makate v Vodacom (Pty) Ltd 2016 (4) SA 121 (CC) (C-J Pretorius)

Contractual fairness: Conflict resolved? (Alistair Price)

Interference without ownership: The theft of incorporeal money in the South African law of unjustified enrichment (Helen Scott)


Acta Juridica • Volume 2021 • Issue 1

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