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Cited for the principle that a court will use the power to invalidate a contract or not to enforce it sparingly and only in the clearest of cases where harm to…
Applied for the fundamental and governing principle regarding severability of contracts, namely to have regard to the probable intention of the parties as it…
Applied for the principle that contractual provisions unduly unfair and contrary to public policy are unenforceable; court emphasises that the power to declare…
Cited for the principle supporting freedom of contract and the right to bind oneself in respect of legitimate subject matters.
The court cites this decision for the principle that a private execution clause in a pledge should not prejudice rights of the debtor unduly and for…
Applied for the principle that it is the tendency of the clause to deprive the respondent of his right to judicial redress which should be scrutinised for…
Appellate Division decision that a deed of cession contrary to public policy is unenforceable; cited for the principle that the power to strike down contracts…
Cited for the warning not to conclude that a contract is contrary to public policy merely because its terms offend one's individual sense of propriety and…
Applied for the principle that the fundamental and governing principle regarding severability is to have regard to the probable intention of the parties as it…
Cited for Smalberger JA's statement that the power to declare contracts contrary to public policy should be exercised sparingly and only in the clearest of…
Distinguished on its facts from the present case.
Cited for the principle that allowing general discretion to refuse judgments for contractual money debts gets perilously close to rendering enforcement…
Cited as supporting the general proposition that courts will not enforce an illegal contract.
Cited (via Juglal NO) as the source of the test for determining whether a clause is contrary to public policy.
Cited in relation to the principle that clauses inimical to the interests of the community may well be contrary to public policy.
Cited for the proposition that public policy generally favours the utmost freedom of contract.
Applied for the principle that contracts may be unenforceable if inimical to the interests of the community, to be exercised sparingly.
Court applies the principle that the power to declare contracts contrary to public policy should be exercised sparingly and only in the clearest of cases.
Cited for the proposition that public policy is unconscionable and incompatible with the public interest if it has an arbitrary and unjust effect, and that the…
Applied for principles on parate executie clauses, public policy, tendency of transactions, and that courts conclude contractual provisions are contrary to…
Applied for the common-law principle that a contractual term will not be enforced if contrary to public policy.
Approved the principle from Eastwood v Shepstone that contracts against public policy are judged by their tendency.
Cited for the principle that courts should exercise the power to declare agreements contrary to public policy only where impropriety and public harm are…
Cited for the principle that prevailing public policy should determine whether or not a contract is enforceable, a principle applied for decades in South…
Court applies the principle that agreements inimical to the interests of the community and contrary to law or morality will not be enforced on grounds of…
Cited for the principle that intention is adjudged by its outward manifestations and on whether manifestation of waiver must be communicated and accepted.
Cited for the principle that parate execution is acceptable provided the terms are not unconscionable or incompatible with public policy, and also cited…
Cited for the principle that parate execution provisions must not be unconscionable or incompatible with public policy, and that courts conclude provisions are…
Cited in relation to the principle of severability of contractual terms.
Cited for the common law principle that agreements contrary to public policy are unenforceable.
Cited for the proposition that a cession in securitatem debiti resembles pledge
Court applies the test for when a contract or term may be declared contrary to public policy, citing the principle that it must be clearly inimical to the…