The unilateral determination of price - a question of certainty or public policy?

The unilateral determination of price has been a controversial issue for an extended period of time. During the 1990s the Supreme Court of Appeal asked if the rule should still form part of South African law. Specifically, the court raised a few questions in respect of the rule and commented that th...

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Published in: Potchefstroom electronic law journal Vol. 16; no. 3; pp. 66 - 114
Main Author: Du Plessis, H M
Format: Journal Article
Language: English
Portuguese
Afrikaans
Published: South Africa North-West University 2013
North-West University (Potchefstroom Campus)
Subjects:
Law
Online Access: Get full text
Summary: The unilateral determination of price has been a controversial issue for an extended period of time. During the 1990s the Supreme Court of Appeal asked if the rule should still form part of South African law. Specifically, the court raised a few questions in respect of the rule and commented that the rule as applied in South African law is illogical. The court also remarked that public policy, bona fides and contractual equity might also be employed when considering such issues. Despite the criticisms of the Supreme Court of Appeal, it would seem that the rule still forms part of our law. This article investigates whether or not the rule should be retained in the South African common law. The answer will depend on two separate questions: Is the rule a manifestation of the requirement of certainty of price? If not, does public policy require that the rule be retained?
ISSN: 1727-3781
1727-3781
DOI: 10.17159/1727-3781/2013/v16i3a2360