Theme 1

Question 1

CPSA v CCMA

Answer 1

Parties did not have the necessary Animus Contrahendi to conclude a legally binding contract

Question 2

K v Minister of Safety and Security

Answer 2

Purpose of Sec 39(2) is to ensure that the common law is infused with the values of the Constitution

Question 3

Barkhuizen v Napier

Answer 3

1) Contracts are subject to constitutional control.

2) Contractual terms must be consistent with the policy objects of the Constitution.

3) Contractual term cannot limit a right in the Constitution.