The constitutional exercise of the right of a bank to cancel its contract with a customer on notice: Revisiting Bredenkamp v Standard Bank of South Africa (SCA)
| dc.contributor.author | Naidu, Dhahini | |
| dc.contributor.supervisor | Norje, Minette | |
| dc.date.accessioned | 2025-01-16T12:38:17Z | |
| dc.date.available | 2025-01-16T12:38:17Z | |
| dc.date.issued | 2023 | |
| dc.description | . A research report Submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report, School of Law, University of the Witwatersrand, Johannesburg, 2023 | |
| dc.description.abstract | The enforcement of a valid clause in a contract when determining public policy considerations is the subject of this study. This research report investigates the application of the public policy test for determining the enforceability of a valid contractual clause as established in Barkhuizen.1 After Bredenkamp,2 important legal developments arose in this area of law. In this report, the three Bredenkamp judgments are analysed. This discourse shows that Beadica3 provides clarity on fairness and reasonableness in contracts, but the clarity lacks practicality on how courts should determine cases that raise contractual disputes between the parties. Survé4 and Oakbay5 are discussed to examine the bank’s enforcement of its termination clause and the resultant effect on the client. This research report provides recommendations regarding the approach courts should take when considering the circumstances of the strict (unfair) enforcement of valid contractual clauses. It argues that a more practical guide, and assessment on a case-by-case basis, is prudent for judges when considering the strict (unfair) enforcement of a valid clause. The suggestions ought to allow for a more consistent analysis of the enforcement of contracts and its clauses in South African contract law | |
| dc.description.submitter | MM2025 | |
| dc.faculty | Faculty of Commerce, Law and Management | |
| dc.identifier.citation | Naidu, Dhahini . (2023). The constitutional exercise of the right of a bank to cancel its contract with a customer on notice: Revisiting Bredenkamp v Standard Bank of South Africa (SCA) [Master’s dissertation, University of the Witwatersrand, Johannesburg]. WireDSpace. | |
| dc.identifier.uri | https://hdl.handle.net/10539/43521 | |
| dc.language.iso | en | |
| dc.publisher | University of the Witwatersrand, Johannesburg | |
| dc.rights | © 2025 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg. | |
| dc.rights.holder | University of the Witwatersrand, Johannesburg | |
| dc.school | School of Law | |
| dc.subject | SCA | |
| dc.subject | Bredenkamp | |
| dc.subject | Contract law, bank-client relationship, Constitution | |
| dc.subject | UCTD | |
| dc.subject.other | SDG-8: Decent work and economic growth | |
| dc.title | The constitutional exercise of the right of a bank to cancel its contract with a customer on notice: Revisiting Bredenkamp v Standard Bank of South Africa (SCA) | |
| dc.type | Dissertation |