Justice Albie Sachs’ contribution to the law of contract: Recognition of relational contract theory

Abstract

The enforcement of standard contracts recently placed the law of contract at the nexus between the rule of law and transformative constitutionalism. Although the Constitution is value-based and instructs the judiciary to take note of substantive values, standard contract terms received the benefit of the rule of law in the decisions of Afrox Healthcare Bpk v Strydom and Brisley v Drotsky.