Question
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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