Interpretation of suretyships and the Constitution

Authors J Pretorius

ISSN: 1996-2088
Affiliations: Attorney; Emeritus Professor of Law, University of South Africa; Extraordinary Professor of Law, University of the Western Cape; Visiting Professor at the University of Johannesburg; and Life Member of Clare Hall, University of Cambridge
Source: Acta Juridica, 2019, p. 127 – 140


There seem to be different approaches to the interpretation of contracts. These approaches have a bearing on the certainty of contracts and a disregard of the evidentiary part of the parol evidence rule. This is especially the case in the law of suretyship, where creditors are no longer certain that the surety will adhere to the bargain that he contracted for. This essay examines two similar Supreme Court of Appeal cases where the outcomes were different.