Research Handbook on International Commercial Contracts 2020
DOI: 10.4337/9781788971065.00005
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International commercial contracts: autonomy and regulation in a dynamic system of merchant law

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“…This change of posture seems to be paving the way to the recognition of hardship. There was already an attempt to introduce rules on hardship by the South African Law Commission in 1998 704 , which, although was never formally enacted (mainly due to the controversial nature of good faith 705 ), has created a willingness in court practice and literature to apply more flexibility in dealing with situations of hardship due to unpredictable change of circumstances 706 .…”
Section: South Africamentioning
confidence: 99%
“…This change of posture seems to be paving the way to the recognition of hardship. There was already an attempt to introduce rules on hardship by the South African Law Commission in 1998 704 , which, although was never formally enacted (mainly due to the controversial nature of good faith 705 ), has created a willingness in court practice and literature to apply more flexibility in dealing with situations of hardship due to unpredictable change of circumstances 706 .…”
Section: South Africamentioning
confidence: 99%