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] ZACC 13, and provided its position on the proper constitutional approach to the judicial enforcement of contractual terms, and, in particular, the public policy grounds…