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UNIVERSITY OF LIMPOPO

Private Bag X116, Sovenga, South Africa

SCHOOL OF LAW

Name of programme: Bachelor of Commerce


Module: Commercial Law
Module Code: CCOB 021 & CCOC021
NQF Level: 05 (2nd Level Module)
Credits: 12
Contact Dates: January to June 2022 (Semester module)
Online classes: Black board Tuesdays & Thursdays 8h30-
10h30
Consultation hours: Online: email and/ discussion board on blackboard

Facilitator details: Dr. V.S Neluvhalani


Office 0030, New R-Block (Ground Floor)
Tel: 015 268 3840
Vhonani.neluvhalani@ul.ac.za
CCOB 021 & CCOC021

1. Introduction and welcome message

Congratulations to all of you for enrolling with the University of Limpopo, and a very warm
welcome to the Commercial Law class. The module codes are CCOB 021 & CCOC 021. I hope
you will excel in this module as well as all your other modules for this academic year. Feel free to
consult via email or on Blackboard discussion platform when you have any queries and
challenges relating to the module. I wish you well in your studies and in your journey towards
completing your respective degrees.

2. Module policy

Plagiarism, copying and dishonesty are not allowed at the University of Limpopo. Students should
be aware of the University rules. Any student caught copying during test and/or assignments will
face a disciplinary hearing. Failure to acknowledge source of information or copying verbatim is
an academic crime and is also against University policy, and as such can lead one for a
disciplinary hearing and be charged.

3. Learners with disability

Students are requested and encouraged to meet online/ advise in writing the Facilitator at the
beginning of the semester, so that necessary arrangements can be effected from the beginning.
Whilst online classes are given. Students should communicate with the facilitator through email to
advise the facilitator of their specific disabilities in order for such students to be supported and
catered for. Students are further urged to familiarise themselves with Reakgona Facility next to
the student centre.

4. Purpose of the module

This module provides a clear, practical and business-oriented introduction to commercial law
principles for students of accounting, auditing and other related business disciplines. The module
highlights the legal principles applicable and the consequences of such in business transactions.

The Commercial Law module further covers the essential common law principles regulating
commercial agreements, incorporating the aspect of pre-contractual duties and remedies for
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CCOB 021 & CCOC021

breach of contract. Specific types of transactions in their commercial context including the law of
sale, credit agreements, the law of lease, the law of agency.

The module deals with the understanding of the law governing business transactions, wide-
ranging knowledge of the South African commercial law and to equip them with knowledge, skills,
attitudes and competencies to analyse and solve basic problems relating to law of contract.

5. Learning outcomes

On completion of this module, the students should be able to :


 Explain the history of the South African legal system;
 Analyse the different sources of South African law;
 Understand, on a practical level, the various rules and presumptions of interpretation;
 Describe general principles of the law of obligations;
 Describe essentials of a valid contract;
 Apply contractual capacity as a requirement for a valid contract;
 List formalities as a requirement for a valid contract;
 Illustrate a thorough knowledge of the parties involved in the conclusion of a valid contract;
 Illustrate a thorough knowledge of the various forms of breach of contract.

6. Module content

 Introduction to the theory of law; general principles of contract; and specific contracts.
 The essential elements of valid contract in South African law, to identify and solve legal
problems with regard to the negotiation, interpretation and contents of contracts.
 The rationale is to teach students the legal concepts and terminology common encountered in
the law of contract.

7. Course delivery modes

Online lectures through Blackboard which are recorded. Quizzes and Problem Based
Learning, Presentations placed on Blackboard and online individual consultations.

8. Teaching methods

The learning outcomes will be achieved by students through:

 Attending online lectures/ classes.


 Reading the prescribed textbook, cases, legislation, articles and other materials.
 Participating in class discussions.
 Receiving constructive feedback from lecturer.

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CCOB 021 & CCOC021

9. Assessment

9.1 Assessments

 Students should be able to answer given questions based on the interpretation of the law of
contract and its principles;
 Students should be able to provide a solution to the given problem in the law of contract i.e. by
short and long questions (various types of questions will be used such as multiple choice, true/
false etc.). This will be discussed in class with students.
 Students should be able to advice a hypothetical client, using the knowledge acquired to solve
a given problem relating to principles of contract regulating commercial law.

9.2 Assessment methods

 Formal assessments
 Summative assessments

9.3 Assessment weights

 Two tests are to be written for the semester (50 marks each).
 The formative marks count 60% towards the year mark.
 No students will be permitted to write the summative assessment without obtaining a
formative mark of 40%.

NB: Students are encouraged to at least obtain a 50% formative mark.

10. Chapters to be covered throughout the semester.

Chapter 1: Introduction to the South African legal system

Chapter 2: The Law of Contract

Chapter 3: The Law of Sale

Chapter 4: The Law of Consumer Credit Agreement

Chapter 5: The Law of Lease

Chapter 6: The Law of Agency

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CCOB 021 & CCOC021

11. Learning materials

11.1 Prescribed book

The Law of Commerce in South Africa, 3 rd Edition [Oxford University Press], Johan Scott
(Editor), Steve Cornelius (Editor) et al.

12.2 Additional materials.

The Law of Contract in South Africa Third Edition, Dale Hutchison, Chris Pretorius, Tjakie
Naude, Jacques Du Plessis, Sieg Eiselen, Tomas Floyd, Luanda Hawthorn, Birgit Kuschke,
Catherine Maxwell & Elizabeth De Stadle (2017), Oxford University Press Southern Africa.

Guide to Business Law Fifth Edition by Shawn Kopel (2012), Oxford University Press Southern
Africa.

Where relevant, additional materials will be placed on Blackboard.

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