Tag archives: Public policy

Courts will rarely refuse to enforce contracts on grounds of public policy

By Siyabonga Mathe and Romy Allen on July 2, 2020 Posted in General

Contracting parties cannot escape the enforcement of a contract on the basis of the terms being contrary to public policy unless they can prove that the terms are so unfair, unreasonable or unjust in the circumstances that a court should intervene. The Constitutional Court reaffirmed that although constitutional values such as Ubuntu, reasonableness and fairness … Continue reading

Sanctity of contracts is good public policy

By Patrick Bracher (ZA) on May 7, 2018 Posted in General

A lease was challenged on the grounds that the cancellation for non-payment of rent, after prior notice that the rent had not been paid, should not be enforceable because it was against public policy to cancel the agreement for the lease of a hotel that had been in place since 1982. Although good faith is … Continue reading