ldd header

Refereed articles

The horizontal application theory and its influence on freedom of agreement in the law of contract - a South African perspective

Linked to socio-economic rights is the question of freedom of contract. Louis van Huyssteen examines the effect the horizontal application of the South African Bill of Rights may have on freedom of contract.

He concludes that although freedom of contract as such is not protected in the Bill of Rights, it may be supported by a number of other individual freedoms. While this may lead to a new lease on life for this doctrine, other provisions, and the right to equality in particular, will constrain its scope

pdfDownload full text.