BA, LLB, LLM, PhD (University of Cape Town)
Orcid ID: https://orcid.org/0000-0002-9707-3286

Bio

Dr Hutchison is a former professor in the Department of Commercial Law and currently holds the status of Honorary Research Associate.  In 2021, Dr Hutchison relocated to Ontario, where he now practises as a solicitor.

Dr Hutchison’s more recent work included context-focused elements, aimed particularly at inclusion and transformation (for example: an empirical study of community savings and credit clubs – ‘stokvels’).  Earlier work was more black letter and common law focused. Several of Dr Hutchison’s published articles on the topic of good faith in contract law were cited by the South African Constitutional Court in the Beadica case in June 2020 (see publications list below).   

Select Publications

• Andrew Hutchison & Dominique Allen ‘Unsecured Lending and the Indigenous Economy in Australia and South Africa’ (2021) 48 Journal of Law and Society 84-105.
• Andrew Hutchison & Franziska Myburgh (eds) Research Handbook on International Commercial Contracts (Edward Elgar, 2020). Co-authored introduction:
  • Andrew Hutchison & Franziska Myburgh ‘International Commercial Contracts: Autonomy and Regulation in a Dynamic System of Merchant Law’ 1-10.   
• Andrew Hutchison ‘Uncovering Contracting Norms in Khayelitsha Stokvels’ (2020) 52 Journal of Legal Pluralism and Unofficial Law 3-27.
• Andrew Hutchison ‘Good faith in Contract Law: a Uniquely South African Perspective’ (2019) 1 Journal of Commonwealth Law. [Cited by the ZACC in Beadica.]
• 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.  [Cited by the ZACC in Beadica.]
• Andrew Hutchison & Nkanyiso Sibanda ‘A Living Customary Law of Commercial Contracting: Some Law-Related Hypotheses’ (2017) 33 SAJHR 380-405.
• Andrew Hutchison ‘A customary insurance law?’ (2017) 29 SA Merc LJ 17-42.
• 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.  [Cited by the ZACC in Beadica.]
• 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.  [Cited by the ZACC in Beadica.]