Professional Documents
Culture Documents
The module guide must be read in conjunction with the prescribed textbook. This document will
be the first port of call to understanding what will be assessed and which assessments form part
of the module.
Module Aim
Welcome to the Law of Contract. Contract law is an exciting, complex field of law that requires a
sound understanding of the principles which need to be applied in a variety of practical cases.
Contract law is used often in everyday life, instances of which include daily interactions with taxi
drivers, shopkeepers, bank tellers, mobile phone providers, as well as at the gym. Of course,
contracts are also widely used in commercial business transactions, employment, sports etc.
Contracts differ greatly in form, substance and content, and there are different types of contracts
for different industries in the workplace.
A law student must be able to understand the concept of a contract, as well as the surrounding
facts of a given scenario in order to bring a legal solution to the problem at hand. This is
sometimes difficult to do if practical experience is missing. However, this year, with an in depth
look at theory as well as practical case studies, contract law should prove to be both exciting and
relevant in the workplace. It is an integral part of everyday life.
LWCTA3-B11 – Module Guide Block 1 2021 | V1.0 Page 1 of 16
Pearson Institute of Higher Education is registered with the Department of Higher Education and Training as a private higher education institution
under the Higher Education Act, 101, of 1997. Registration Certificate number: 2001/HE07/008. (Formerly Midrand Graduate and CTI Education
Group).
This module is aimed at giving students an insightful approach to and detailed knowledge of the
Law of Contract in South Africa. After the completion of this module you will be able to analyse
legal problems pertaining to contract law, and solve them accordingly with reference to
contractual principles and case law.
Module Description
This module will explore the different requirements for a valid contract. It will further investigate
different aspects relating to general contractual terms and finally determine when a contract is
breached and which remedies can be utilised.
Learning Outcomes
By the end of this module, you will be able to:
Learning Outcomes Assessment Criteria
1.1 Analyse the general nature and place of
contract law in the legal system.
1. Analyse and evaluate contractual
1.2 Investigate the cornerstones of contract law.
concepts based on the Constitution,
1.3 Identify and explain the basic concepts and
legislation, common law and case
terminology in a contract.
law.
1.4 Evaluate the impact of the Constitution on the
Law of Contract.
2.1 Discuss the nature and characteristics of
consent as a contractual requirement.
2.2 Examine factors that may influence
consensus between contractual parties.
2.3 Discuss contractual certainty as a contractual
requirement.
2. Identify and apply the requirements 2.4 Examine possibility of performance as a
of a valid contract to a set of facts. contractual requirement.
2.5 Investigate formalities as a contractual
requirement.
2.6 Make an in-depth study of legality as a
contractual requirement, and analyse the
impact of the Constitution on contractual
principles relating to legality.
Prescribed Resource(s)
Textbook(s)
Bhana, D.; Bonthuys, E. and Nortje, M. 2015. Students’ Guide to the Law of Contract 4th ed.
Claremont: Juta.
Print ISBN: 9781485108894
eBook ISBN: 9781485109297
Legislation
The Constitution of the Republic of South Africa, 1996.
Alienation of Land Act 68 of 1981.
Consumer Protection Act 68 of 2008 (CPA).
Electronic Communications and Transactions Act 25 of 2002. (ECTA).
National Credit Act 34 of 2005 (NCA).
Suretyship (General Law Amendment Act 50 of 1956).
Mupangavanhu, Y. 2014. “Exemption Clauses and the Consumer Protection Act 68 of 2008: An
Assessment of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ).” PER / PELJ. Vol 17, No. 3
[Online] Available at: http://www.ajol.info, [Accessed: 28 September 2020]
Prescribed Case Law
Case law is discussed in the prescribed textbook, but you are encouraged to enrich your
knowledge by reading case law where relevant.
The following resource(s) will be made available on myLMS, which you must check regularly:
• Module guide
• Assessments
• Blended learning items
• Important notifications from your lecturer
• Module announcements (discussion forums)
• Links to lectures and lecture recordings
Textbook(s)
Hutchison, D., et al. 2017. The Law of Contract in South Africa. 3rd ed. Cape Town: Oxford
University Press.
Van der Merwe, S.W.J., et al. 2012. Contract: General Principles. 4th ed. Cape Town: Juta.
Website(s)
Web pages provide access to a further range of internet information sources. Lecturers may
download the web-related material for you to access offline. You must use this resource with
care, justifying the use of information gathered.
SAFLII: Southern African Legal Information Institute. [Online] Available at: http://www.saflii.org/.
[Accessed: 28 September 2020].
Supporting Document(s)
Geyer, L., Levin, A., Makati, P., Pierce, R., Potter, M., and Wheeler, A. 2019. PIHE Guide to
Referencing (Harvard Referencing Method). Unpublished document. Pearson Institute of Higher
Education.
Essential Requirements
• Access to the institution’s Learning Management Systems (myLMS) to access all study
material.
Formative Assessment(s)
Assessments will take place continually throughout the block(s) to evaluate your progress
throughout the module.
You may be required to complete some assessments online on myLMS. The following guidelines
may apply:
• You may be required to write an online assessment directly on myLMS. You will need to log in
at a specified time to attempt the assessment. Once the allocated time expires, the
assessment will no longer be available to complete.
• Time limits should be checked before commencing assessments. Refer to the Details of
Assessments table of this module guide.
• Ensure that your internet connection is stable.
• In some cases, assessments will not be available indefinitely and will be available for only a
day or two.
• The marks for some assessments may only be available after all students have attempted the
assessment after the assessment due date.
It is the students’ responsibility to retrieve their assessment feedback and verify their marks on
the day they are released. No adjustment of marks will be entertained beyond one week after
marks were released.
To make up for this missed assessment, you may be able to attempt a deferred assessment.
However, in order to gain entry to this assessment, you will have to follow various procedures
and meet certain criteria. You must complete a Deferred Assessment Application Form available
on myLMS. You will be required to pay a non-refundable fee per application. Each assessment
missed requires a separate application. This will be your only opportunity to make up for a
missed assessment.
Quiz
There will be two online quizzes which contribute 10% towards your final mark. These online
quizzes are scheduled to take place in week 2 and 5 and will cover the following work:
Online quiz 1 – all the work done in week 1 and 2.
Online quiz 2 – work done in week 3 and 4.
The online quizzes will be made available on the myLMS general page and are to be completed
individually. Each quiz is timed for 45 minutes and will be available for 3 days. Once you begin
the assessment, you must complete it within the time provided. The quiz cannot be saved
halfway, and must be completed and submitted for grading. No late submissions will be tolerated.
It is the your responsibility to check myLMS consistently so that you do not miss the deadline.
Plagiarism
All assignments and reports must be submitted to the online similarity checker (Turnitin) available
on myLMS prior to being submitted for marking. When submitting your assignment/report, it is
compulsory to submit the entire Turnitin report. Marks will be deducted in accordance with the
institutional policy.
Also, when submitting assessments, you should include the applicable completed and signed
assessment coversheet as an acknowledgement that the work submitted is your own original
work, except for source material explicitly acknowledged. This declaration will serve as proof that
you are aware of the Institution’s policies and regulations on academic integrity.
Final Mark
In order to pass the module a final average of 50% or higher is required for the entire module.
No subminimum will be required in the final-take home test.
Consultations
Lecturers will be available for consultation. Specific details in this regard will be made available
on your campus specific myLMS pages. You must give lecturers 24 hours’ notice for
Module Content
You are required to attend all lessons. In addition, exercises and activities, which are supplied by
lecturers, are compulsory.
Block 1
Topics and
Lecture
Assessment Criteria Assessments References
Weeks
Covered
Welcoming Introduction
to the law of contract.
AC: 1.1 – 1.4.
• Chapter 1
Agreement: • Par 1 – 4
1
Requirements for the
15/03/2021 –
formation of a valid • Chapter 3
19/03/2021
contract. • Par 1 – 2
AC: 2.1, 2.7. • Par 3.2
Agreement: Offer
AC: 2.1, 2.7.
Agreement:
Acceptance.
• Chapter 3
AC: 2.1, 2.7.
2 • Par 4
23/03/2021 – Online Quiz 1
Agreement: Time and
26/03/2021 • Chapter 10
place of the contract.
• Par 1 – 4
AC: 2.1, 2.7.
Agreement: Mistake.
AC: 2.2, 2.7.
Agreement: Introduction
to void and voidable
contracts.
AC: 2.2, 2.7. • Chapter 11
• Par 1
3
Improperly obtained
29/03/2021 –
consensus:
01/04/2021
Misrepresentation, • Chapter 11
Duress and Undue Par 2 – 5
influence and the
influence of the CPA.
AC: 2.2, 2.7.
• Chapter 4
• Par 2
Certainty, Possibility,
• Par 3.1 – 3.2
Contractual Capacity
• Par 4 – 5
and Formalities
AC: 2.3 – 2.5, 2.7.
4 • Chapter 8
Take Home
06/04/2021 – • Par 6.2.1
Legality. Test
09/04/2021
AC: 2.6 – 2.7.
• Chapter 12
• Par 2.7
Test
AC: 6.1 – 6.2
• Chapter 5
Par 1 – 4
5 Content of a Contract: • Chapter 6
12/04/2021 – Incorporation of terms; Online Quiz 2 • Par 1 – 5
16/04/2021 Interpretation of • Par 7
Breach of contract.
AC: 4.1 – 4.2.
Contractual remedies.
AC: 4.3 – 4.4.
• Chapter 9
Transfer of obligations:
6 • Par 1 – 7
Cession; delegation; Deferred Take
19/04/2021 –
assignment. Home Test
23/04/2021 • Chapter 12
AC: 5.1, 5.3.
Par 1 – 2
Extinction of obligations.
AC: 5.2 – 5.3.
Revision class
7
Take Home
26/04/2021 – (Final formative Week 1 – 6
Assessment
30/04/2021 assessment)
AC: 6.1 – 6.3
8 Outstanding lecturer Deferred Take
03/05/2021 – assessments and Home
07/05/2021 marking Assessment
07/05/2021 All Formative Marks Submitted
10/05/2021 All Formative Marks Captured
17/05/2021 –
Supplementary Opportunity
21/05/2021
24/05/2021 Block 2 Teaching Period Continues