Cornelius, Steve2022-06-072022-06-072022-04-262021*Dludla, N 2021, The significance of consensus in the law of contract, LLM mini-dissertation, University of Pretoria, PretoriaA2022https://repository.up.ac.za/handle/2263/85728Dissertation (LLM)--University of Pretoria, 2021LLMThis dissertation explores various legal theories, doctrines, and principles on consensus, and, to this end, highlights the significance of consensus, being one of the requirements for a valid contract, as the basis for contractual liability in South Africa. It, further, canvasses, the significance of consensus on the interpretation of contracts, with particular focus on the prima facie misalignment between the primarily subjective nature of consensus as the basis for contractual liability versus the objective approach to interpretation of contracts in the South African legal system. To the latter end, this dissertation further traverses the question of whether the possible misalignment, between the basis for contractual liability and contractual interpretation, justifies constitutional development of the law relating to interpretation of contracts. Lastly, the dissertation focuses on legal considerations that a drafter must consider, in order to ensure that a contractual instrument is not only legally sound, but also facilitates the enforcement of the parties’ subjective common intention, even when interpreted objectively.en© 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.Consensus in law of contractConsensus and interpretation of contractsDrafting of contractsConstitutional development of law of contractContractual obligations and performanceMini DissertationNot applicable