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What's so wrong with Williams vs Evans? An examination of the Concept of the Supposition in Futuro

Authors: Hutchison, Andrew;

What's so wrong with Williams vs Evans? An examination of the Concept of the Supposition in Futuro

Abstract

When the parties to a contract base their consensus on a commonly held belief which is fundamental to their motivation in contracting, we say that they contract on the basis of a supposition. Should the supposition prove false, the contract will be void. While South African courts have accepted this proposition where the supposition relates to a past or present fact, the status of a supposition relating to the future has had a far more controversial history. The CPD accepted the validity of the supposition in futuro in Williams v Evans, but this decision was overruled by the SCA in recent history. This article addresses the concept of a supposition relating to a future fact, in the light of the original finding in the Williams case and the relevant case law since. The currently prevailing view is that a supposition in futuro is indistinguishable from a resolutive condition, and this article aims to reconcile this position with the finding in Williams through the medium of equating the supposition in futuro with a tacit resolutive condition. If a supposition is merely a type of tacit term, then, asks the author, why is there so much controversy about the Williams case?

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selected citations
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This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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