Fairness vs Certainty in Contract Law – An analysis of the law after Beadica 231 CC and Others v Trustees for the time being of the Oregan Trust
Abstract On 17 June 2020 the Constitutional Court handed down judgment in Beadica 231 CC and Others v Trustees for the time being of the Oregan Trust and Others (2020) ZAC 13, and provided its position on the proper constitutional approach to the judicial enforcement of contractual terms, and, in particular, the public policy grounds…