“The essence of the argument advanced by Southern Sun was that the implementation of the cancellation clause was, under the circumstances, objectively unreasonable, unfair and against public policy. It was advanced that public policy is informed by “…the concept of good faith, ubuntu, fairness and simple justice between individuals” and that the common law principle of Pacta servanda sunt should not be treated as “a sacred cow” but rather developed to uphold the ubuntu values of the South African people”.
Required:
Discuss the African concept of Ubuntu and how it relates to pacta sunt servanda and the South Africa law of contract.
Answers to the Above Questions on Ubuntu
Answer: The concept of Ubuntu in Africa has a significant relevance especially across many African societies. This concept of Ubuntu signifies the interconnectedness of individuals within a community. It emphasizes the role of mutual respect within individuals living in the society. This concept of Ubuntu also has significant relevance in the context of contract law, as it directly affects the interpretation and application legal principles.
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