The applicability of maxims in the interpretation of contracts

LL.M. (Commercial Law)Abstract: Maxims have been part of the law of interpretation of contracts for many years across numerous legal jurisdictions. In South Africa the current position with regard to the relevance of maxims within South African interpretation of contracts is being questioned. Taking into account that consumer legislation has been implemented which has had both positive and negative effects on the interpretation of contracts, it would need to be deduced whether these statutes have had any effect on the relevance of maxims. This dissertation outlines the origins of interpretation of contracts within a South African perspective. Further attention has also been given to the origins of the following maxims: ut res magis valeat quam pereat, eiusdem generis, noscitur a sociis, inclusio unius est exlusio alterius, ex contrariis, ex consequentibus,sempler in absuris quod minimum est sequimur and contra proferentem. In comparison this dissertation has looked at the origins of maxims and the interpretation of contracts within the jurisdiction of the United Kingdom. It can be argued that the courts in the United Kingdom have given special attention to the current position of the interpretation of contracts with special attention given to the relevance of maxims in the United Kingdom today. An in-depth analysis of South African case law is made in this dissertation showing how maxims may still have some relevance within South African law for the interpretation of contracts. However, the courts would need to take each case on its own set of facts in obtaining a just and equitable decision. This aspect is more fully elaborated on in this dissertation. In the final instance, this dissertation looks at the implementation of the National Credit Act and Consumer Protection Act. As a result of the enactment of these statutes it can be argued that the consumer contract has had to be amended to be brought in line with the terms of the statutes. This dissertation further considers whether the implementation of consumer legislation has had any effect on the relevance of maxims within the interpretation of consumer contracts