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South African law, with its roots in Roman-Dutch law, but strongly influenced by English Law, has since the earliest times vacillated between a subjective and

"South African law, with its roots in Roman-Dutch law, but strongly influenced by

English Law, has since the earliest times vacillated between a subjective and an

objective approach to contract. As late as 1958, the Appellate Division could say

that our law follows a 'generally objective approach to the creation of contracts'.

However, more recent pronouncements of that court suggests that our approach is

fundamentally subjective, though tempered by objective considerations in cases of

dissensus". (Hutchison & Pretorius (eds) The Law of Contract in South Africa 17.)

Critically discuss this statement. (25)

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