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Alistair Price


Alistair Price is an Associate Professor in the Department of Private Law at UCT. He received a BBusSc (distinction) and LLB (magna cum laude) from UCT, a Bachelor of Civil Law (distinction) from University College, Oxford, and a PhD from Gonville and Caius College, Cambridge.  His thesis was entitled The Influence of Human Rights on State Negligence Liability in England and South Africa and, in 2014, he was awarded a prestigious Yorke Prize by the Cambridge Law Faculty for making 'a substantial contribution' to knowledge.  Before his appointment at UCT, he worked as a research clerk for Chief Justice Pius Langa at the Constitutional Court of South Africa and as a research assistant to Professor Reinhard Zimmermann at the Max Planck Institute for Private Law in Hamburg, and taught tort law for several colleges at Cambridge University.

Expertise/ Research Interests

The law of obligations (primarily delict/tort); constitutional and administrative law; comparative law.



I supervise postgraduate research in these areas. Please contact me if you would like to discuss a potential research project for an LLM, MPhil, or PhD degree.



  • Alistair Price & Michael Bishop (eds) A Transformative Justice: Essays in Honour of Pius Langa (Juta, 2015)

Articles, chapters, and notes

  • Alistair Price 'Constitutionalising Rights and Reacting to Risk' in Matthew Dyson (ed) Regulating Risk Through Private Law (Cambridge: Intersentia, 2017) (accepted and forthcoming).
  • Daniel Freund & Alistair Price 'On the legal effects of unlawful administrative action' (2017) 2 South African Law Journal (accepted and forthcoming).
  • Alistair Price 'Search and Seizure without Warrant' (2015) 6 Constitutional Court Review 245-257.
  • Alistair Price & Andrew Hutchison 'Judicial review of exercises of contractual power: South Africa's divergence from the common law tradition' (2015) 79 Rabels Zeitschrift für ausländisches und internationales Privatrecht (forthcoming).
  • Alistair Price 'State Liability and Accountability' (2015) Acta Juridica 313-335.
  • Alistair Price 'The Contract/Delict Interface in the Constitutional Court' (2014) 25 Stellenbosch Law Review 501-510.
  • Alistair Price 'Factual causation after Lee ' (2014) 131 South African Law Journal 491-500.
  • Alistair Price 'The Evolution of the Rule of Law' (2013) 130 South African Law Journal 649-661.
  • Alistair Price 'The Influence of Human Rights on Private Common Law' (2012) 129 South African Law Journal 330-374.
  • Alistair Price 'The Content and Justification of Rationality Review' (2010) 25 Southern African Public Law 346-381 (also published in Stu Woolman & David Bilchitz (eds), Is This Seat Taken? Conversations at the Bar, the Bench and the Academy about the South African Constitution (Pretoria 2012), chapter 2).
  • Alistair Price 'Rationality Review of Legislation and Executive Decisions: Poverty Alleviation Network and Albutt', (2010) 127 South African Law Journal 580-591.
  • Alistair Price '"Dealing with Differences": admitting expert evidence to stretch judicial thinking beyond personal experience, intuition and common sense', (2006) 19 South African Journal of Criminal Justice 141-151.
  • Alistair Price 'Spes, Contingent and Vested Rights: Towards the Clear and Consistent Regulation of Future Uncertainty', (2005) Responsa Meridiana 71-98 (student journal).

Reviews and reports

  • Review of 'Private Law and Human Rights: Bringing Rights Home in Scotland and South Africa' edited by Elspeth Reid and Daniel Visser (2014) 25 Stellenbosch Law Review.
  • Review of ‘uBuntu and the Law - African Ideals and Postapartheid Jurisprudence' edited by Drucilla Cornell and Nyoko Muvangua (2013) 72 Cambridge Law Journal 464-466.
  • Review of ‘Enterprise Liability and the Common Law' by Douglas Brodie, (2013) 72 Cambridge Law Journal 211-214.
  • Review of Goverment Liability by C. Okpaluba & P.C. Osode, (2010) 127 South African Law Journal 548-557.
  • Report on Conference on ‘Rights of Personality in Scots Law: A Comparative Perspective'(2008) 1 Zeitschrift für europäisches Privatrecht 205-207.

Selected Conference and Seminar Papers

  • 'Search and Seizure without Warrant' Constitutional Court Review annual conference, University of the Witwatersrand, Johannesburg (2014).
  • 'Evolution of the Rule of Law in South Africa' New York Law School conference celebrating 20 years of Constitutionalism in South Africa, New York, USA (2014).
  • (Co-authored with Andrew Hutchison) 'Judicial Review of Exercises of Contractual Power: South Africa's Divergence from the Common Law Tradition' Obligations VII Conference on Divergence and Convergence in the Common Law, University of Hong Kong (2014).
  • ‘'The Contract/Delict Interface in the Constitutional Court', Private Law and Social Justice Conference, Nelson Mandela Metropolitan University, Port Elizabeth (2014).
  • Factual causation and constitutional damages', Acta Juridica Conference in Honour of Former Chief Justice Pius Langa, Law Faculty, University of Cape Town (2014).
  • ‘State liability and accountability', Private Law and Social Justice Conference, Nelson Mandela Metropolitan University, Port Elizabeth (2013).
  • 'The Impact of the Bill of Rights on State Delictual Liability for Negligence in South Africa', Obligations V Conference: Rights and Private Law, St Anne's College, Oxford University (2010), available at: (cited in F v Minister of Safety & Security[2011] ZACC 37).
  • 'The Influence of Human Rights on State Liability for Negligence in England and South Africa', Comparative Law Discussion Group, Faculty of Law, Cambridge University (2010).
  • 'The Content and Justification of Rationality Review', South African Institute for Advanced Constitutional, Public, Human Rights and International Law, Johannesburg (2009).
  • 'Vicarious Liability of Employers for their Employees' Intentional Delicts', Max Planck Institute for Private Law, Hamburg (2006).