摘要：It has been an established rule of South African law that "[t]here can be no valid contract of sale if the parties have agreed that the price is to be fixed in the future by one of them". Prior to 1993 the rule was firmly established in South African law and regularly applied by South African courts. The courts accepted the application of the rule, but interpreted and applied it in different ways. This casuistic approach led to different results, to legal uncertainty and sometimes even to undesirable results. Then in Benlou Properties (Pty) Ltd v Vector Graphics (Pty) Ltd the Supreme Court of Appeal criticised the rule but stated that despite these criticisms it is still bound "by the view of our old authorities".
