Public order does not matter because it represents the public opinion of a particular community at a given time. Public policy considerations are found in legislation, common law, good morality or the public interest. Much of the jurisprudence on performance contra bonos mores involves immoral or sexually reprehensible behavior. Parliament sometimes expressly or tacitly prohibits the conclusion of certain contracts. Since 1994, public order in South Africa has been anchored mainly in the values enshrined in the Constitution. While necessary, the rule can lead to injustice if applied too strictly, excluding evidence of what the parties actually agreed. The courts try to prevent the use of the rule as an engine of fraud by a party who knows full well that the written contract is not the complete agreement. While a will agreement between the parties is generally considered to be the main basis of contractual liability (theory of will), there is an error (error) in the contract that refers to a situation in which a contractor acts under a misunderstanding and leads to disagreements between the parties. Courts tend to view an error as unilateral, reciprocal or frequent: for example, a real estate developer instructs a real estate developer to find him as a designer for a golf course he wishes to build, but does not give a specific date for accomplishing this task; It is an open agreement. Only if the developer has indicated a specific date for performance, the agent is in the Mora (for non-execution until that date).

This declaration of law or the so-called Corondimas principle has been widely criticized, although it has been applied consistently in subsequent cases. Although it was re-applied by the appeal division of Tuckers Land and Development v Strydom on the basis of precedent, its accuracy was challenged and criticized for the fact that van Heerden YES and directly by Joubert JA. The latter indicated, during the verification of the former authorities, that the principle did not conform to Roman and Roman-Dutch laws. « It appears, however, » wrote Tebbutt J in ABSA/Sweet,[60] « that a lease does not apply to such considerations and that a contract is established between the lessor and the taker at the time of signing the lease, although the obligations arising from the lease may be suspended. » [61] It now also appears to be accepted[62][64][65][66]][66]][66] if a suspensive condition is met, namely that the contract and reciprocal rights of the parties « on the date of the agreement and not from the date of the completion of the condition, that is: