‘The conundrum of the pre-incorporation contract has taxed some of the finest legal minds. If one
should judge by results, it is probably true to say that it has defied them . . . courts in England and other
Commonwealth countries have seemed to attach less importance to effecting justice and more to
attempting to fit round pegs into square legal pigeon-holes, so that ultimately, in virtually all
jurisdictions, it has been necessary to rescue the lawyers from the dilemma that their own fictions have
created by having recourse to legislative solutions.’
This article was written by Maleka Femida Cassim before she joined the University of Pretoria.