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Academic Staff

Associate Professor Andrew Hutchison

Profile

Dr Hutchison is an Associate Professor in the Department of Commercial Law at the University of Cape Town.  He has been a member of this department since January 2007.  Dr Hutchison is a contracts specialist and has convened the course on Commercial Transactions Law at UCT since 2010.  Dr Hutchison’s affinity for contracts began during his LLM studies at UCT (2005-2006), and this was carried through to his PhD thesis on fundamental change of circumstances in contract law (hardship), completed in 2010.  Dr Hutchison 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 (more recently) the constitutional and relational dimensions, with a particular emphasis on social justice.  Dr Hutchison is interested in the curriculum review movement in South Africa, particularly these questions: (1) ‘What is African about contracting in South Africa?’; and (2) ‘What is the role of community in contracting?’

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).

Qualifications:

BA (2001) LLB (2004) LLM (2006) PhD (2010) (University of Cape Town)

Research interests:

  • Commercial contract law 
  • Insurance law
  • Credit, especially consumer credit
  • Customary/informal contract norms
  • Constitutional development of contract law
  • Comparative contract law

 

Current Teaching

  • Commercial Transactions Law (LLB level)
  • Insurance Law (LLB elective)
  • Advanced Contract Law (LLM level)
  • Business Law II (commerce students, under-graduate level)
  • Contract Law for Civil Engineers (civil engineering students, master 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

Select recent publications:

  • 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 “Relational theory, context and commercial common sense: views on contract interpretation and adjudication” (2017) 134 SALJ 296-326.
  • Andrew Hutchison “A customary insurance law?” (2017) 29 SA Merc LJ 17-42.
  • Terry Boxall, Andrew Hutchison & Michelle Wright “NEC3ECC Clause 10.1: An Enforceable Contractual Duty of Trust and Co-operation in the Construction Industry?” (2017) 28 Stell LR 97-122.
  • Andrew Hutchison & Luca Siliquini-Cinelli “Beyond Common Law: A Practical View of Contractual Privity in Australia and South Africa” (2017) 12 Journal of Comparative Law 49-79.