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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The implication of a bill of rights for the law of contract and delict
Author:Van Aswegen, AnnÚl
Year:1995
Periodical:South African Journal on Human Rights
Volume:11
Issue:1
Pages:50-69
Language:English
Geographic term:South Africa
Subjects:constitutions
1993
rule of law
criminal law
law of contract
Abstract:Chapter three of the interim Constitution of South Africa contains the present constitutional provisions concerning the protection of fundamental rights and thus constitutes a bill of rights for South Africa. This paper deals with the practical effect of indirect horizontal (i.e. between private individuals) application of the provisions of chapter three on the law of contract and delict during the transitional period in South Africa. The author argues that indirect horizontal application through the medium of policy considerations (i.e. substantive justifications reflecting values accepted by society on which the judge has to rely when exact rules do not provide a clear resolution of a dispute), which is a certainty under the present constitution, should prove sufficient to inculcate the law of delict with the values underlying chapter three. Using policy considerations would also considerably extend the possibilities of indirectly incorporating the values underlying a bill of rights into the law of contract. Notes, ref.
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