The role of good faith in South African contract law.
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Date
2022
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Abstract
This research paper seeks to address the role that good faith plays in South African contract
law by first discussing its origin and then chronologically tracing its position from pre-1994 to
today. The judgements of both the Supreme Court of Appeal and the Constitutional Court will
be unpacked, as a means to understand the development of good faith over the years. The
position that good faith plays in foreign jurisdictions will also be discussed, for the sake of
achieving a universal understanding of how good faith is perceived around the world. The
research concludes by placing good faith in its current role and context in South Africa, and
also proposing a way forward.
Description
Masters Degree. University of KwaZulu-Natal, Pietermaritzburg.