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Associate Professor Andrew Hutchison

Dr Hutchison is a contracts specialist and has published a body of work in leading South African and international peer-reviewed law journals and edited books on contract law.  A theme running through most of these articles is the role to be given to good faith or fairness in South African contract law.  Dr Hutchison is interested in the comparative and historical angles to this question, as well as the constitutional and relational dimensions.  Dr Hutchison is currently engaged in research on financial inclusion and stokvels in Cape Town, South Africa. 

Dr Hutchison presented a guest lecture series at the Levin College of Law at the University of Florida in January 2014.  He has since then been a research visitor (inter alia) at the Edinburgh Centre for Private Law (Scotland, UK); the Max Planck Institute for Comparative and International Private Law (Hamburg, Germany); and Monash University’s Department of Business Law and Taxation (Melbourne, Australia).

Research interests

  • Contract law 
  • Insurance law
  • Credit, especially consumer credit
  • Secured transactions and insolvency law
  • Financial inclusion
  • The indigenous economy

Current Teaching

  • Commercial Transactions Law (LLB level)
  • Business Law II (Commerce students, under-graduate level)

Select Publications

For open access to selected works, visit:

https://open.uct.ac.za/handle/11427/409/discover?filtertype=author&filter_relational_operator=equals&filter=Hutchison%2C+Andrew

  • Alistair Price & Andrew Hutchison “Judicial review of exercises of contractual power: South Africa’s divergence from the common law tradition” (2015) 79 Rabels Zeitschrift 822-851.
  • Luca Siliquini-Cinelli & Andrew Hutchison (eds) The Constitutional Dimension of Contract Law: A Comparative Analysis (Springer, 2017).  Sole-authored chapter contributed:
    • Andrew Hutchison “The Decolonisation of South African Contract Law: An Argument for Synthesis” 151-184.
  • Andrew Hutchison “A customary insurance law?” (2017) 29 SA Merc LJ 17-42.
  • Andrew Hutchison & Nkanyiso Sibanda ‘A Living Customary Law of Commercial Contracting: Some Law-Related Hypotheses’ (2017) 33 SAJHR 380-405.
  • Andrew Hutchison, Alan Rycroft & Michelle Wright ‘Private Ordering and Dispute Resolution’ (2018) 135 SALJ 324-350.
  • Andrew Hutchison ‘Good faith in Contract Law: a Uniquely South African Perspective’ (2019) 1 Journal of Commonwealth Law, available at: https://www.journalofcommonwealthlaw.org/article/7441-good-faith-in-contract-a-uniquely-south-african-perspective

Current doctoral students

  • Ben Pequenino (co-supervisor with Dr Ada Ordor): Public procurement in Mozambique and South Africa (first registration: 2016).
  • Sinikiwe Mzezewa: African contract law and burial societies (first registration: 2017).
  • Simon Mutungi:  The regulation of fintech in South Africa, the UK, and Uganda (first registration: 2018).
  • Luck Mavhuru: Mobile money and financial inclusion in South Africa and Zimbabwe (first registration: 2018).
  • Ruth Gondwe: The regulation of co-operative financial institutions and financial inclusion in South Africa and Malawi (first registration: 2018).