boni mores
Literal translation
good morals; good customs
Legal meaning
Boni mores denotes the legal convictions of the community and functions as a normative standard in South African law. It is used especially in delict and contract to assess wrongfulness, public policy, and whether conduct or contractual terms are legally acceptable. The concept has developed in line with constitutional values, so courts evaluate it with reference to contemporary community norms informed by the Constitution of the Republic of South Africa, 1996.
Examples
- In delict, wrongfulness is often tested against the boni mores or legal convictions of the community.
- A contractual term contrary to boni mores may be held unenforceable as against public policy.
- South African courts have linked boni mores to constitutional values when determining legal policy.
Cases citing this term
- 🇿🇦 Hafiza Ismail Amod (born Peer) v Multilateral Motor Vehicle Accidents FundSupreme Court of Appeal of South Africa· 1999-09-29· 444/98
the law. (d) The preceding element had to be determined by the criterion of boni mores. (e) Thus approached, the claim of a widow who had been divorced at the
- 🇿🇦 Gründlingh and Others v Phumelela Gaming and Leisure Limited
- 🇿🇦 Amod (born Peer) v Multilateral Motor Vehicle Accidents FundSupreme Court of Appeal
- 🇿🇦 Phumelela Gaming and Leisure Limited v Gründlingh and OthersConstitutional Court of South Africa· 2006-05-18· CCT 31/05
when it embarked on its investigation of the legal convictions of the community (the boni mores). More specifically, Phumelela contends that the majority judgment of the Supreme Court of Appeal
- 🇿🇦 BoE Bank Ltd v RiesSupreme Court of Appeal of South Africa· 2001-11-27· 247/2000
such a manner that effect was given to his intentions. In my view the boni mores, the legal convictions of the community, require that persons or bodies in the position
- 🇿🇦 RH v DE
- 🇿🇦 Wiese v Moolman
- 🇿🇦 Tourvest Holdings (Pty) Ltd v Murti
- 🇿🇦 Santam Beperk v Henery
- 🇿🇦 Road Accident Fund v MohohloSupreme Court of Appeal of South Africa· 2017-11-24· 882/2016
protection, and the breadwinner's correlative duty of support, is determined by the boni mores criterion or, as Rumpff CJ in another context put it in Minister van Polisie
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