Magister Legum - LLM / Good faith is an open ended concept which refers to fair and honest dealings. The function of
this concept is to give expression to the community’s sense of what is fair, just and reasonable.
The concept of good faith has and continues to acquire a meaning wider than mere honesty or
the absence of subjective bad faith. It is an objective concept that includes other abstract
values such as justice, reasonableness, fairness and equity. There is competition between the
two underlying values or cornerstones of the law of contract, namely that of sanctity of
contract (pacta sunt servanda) and fairness.
Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uwc/oai:etd.uwc.ac.za:11394/7033 |
Date | January 2019 |
Creators | Mgweba, Asiphe |
Contributors | Mupangavanhu, D.Y |
Publisher | University of the Western Cape |
Source Sets | South African National ETD Portal |
Language | English |
Detected Language | English |
Rights | University of the Western Cape |
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