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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Indigenous Contract as Legal Phenomenon
Author:Van R. Wheipton, F.P.
Periodical:Anthropology Southern Africa
Geographic term:South Africa
Subjects:customary law
law of contract
Law, Human Rights and Violence
Abstract:Drawing largely on the views of various theorists, this article discusses the indigenous contract as legal phenomenon with specific reference to underlying values and legal principles of indigenous contracts in the Southern African context. It shows that indigenous contracts are not only based on mere agreement, but on agreement plus performance or part performance, and that a contract is more just than a device for establishing the economic and legal implications of a transaction. Although reasonable expectations are fulfilled, contractual justness lies mainly in justifiable justice. Most contractual disputes are resolved outside legal institutions and for this purpose negotiated settlements and mediators are used. Bibliogr., notes., sum. [Journal abstract]