Browsing Journals by Subject "Constitutional values"
Now showing items 1-3 of 3
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The core meaning of human dignity
(2016)The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult ... -
Exemption clauses and the Consumer Protection Act 68 of 2008: an assessment of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ)
(2014)Exemption clauses are a rule rather than an exception particularly in standard-form contracts. Consumers are usually forced to accept such terms on a "take-it-or-leave-it" basis. This state of affairs shows that freedom ... -
Yet another call for a greater role for good faith in the South African law of contract: Can we banish the law of the jungle, while avoiding the elephant in the room?
(2013)This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how ...