Concept of law:

Distinguish between law, ethics and positive morality:

What is Law:
 sanctions selfguilt

Notes
 Discuss the sources of law:

three 2 3 2 3

I
2
 3

may
Notes
3ms
4

Notes
International Law and National Law:
Notes
Di erent types of courts as per SA Constitution:
With
 De ne Obligation:

When does obligation arise from a contract:

Distinguish between valid, void and voidable contracts:

Valid contract:

Void contract:

Voidable contract:

Distinguish between essentialia, naturalia and incidentalia is of a contract:

Essentialia

Naturalia

Incidentalia

De ne performance and unenforceable contract:

Performance:

Unenforceable contract:
Notes
Nctm
Notes
Notes
Explain why is a promise or social contract not an agreement:

De ne and discuss Consensus in depth:

List and discuss elements of consensus:

De ne an o er:

List and explain requirements for a valid o er:

Note
Notes
Notes
Notes
Nds
Chapter 10

sec 22
SEE
- Describe lawfulness slide4ft
- State the e ect of unlawfulness on an contract
- Give examples of lawful and unlawful contracts Objective performance lawful
- Describe the concept restraint of trade and brie y discuss the validity and constitutionality

1 of a restraint.

very important resonableness forrestraint

polls considerations ofthe cart

Ndes
Notes
 forms of impossibility

slids 23 27

i
Test your knowledge:
- De ne the concept of Performance
- Distinguish between initial impossibility of performance and supervening impossibilities
of performance by de ning and supplying examples.
- Distinguish between objective and subjective impossibility.
Notes
Notes
- Name and brie y de ne the formalities prescribed for some types of contracts by
legislation.
- Give examples of contracts which have to comply with such formalities.
 20 Mark question
Room 4:
ANSWER:

list requirements for conclusion of contract

- Serious intention and consensus

- o er and acceptance, electronically communications and transaction act -
reception theory. Meeting of the minds.
things in uence consensus (mistake possible condition of the wendyhouse)
- Contractual Capacity (unknown in this situation. Need to be adult and of sane mind.
- Lawfulness (Tony is the legal owner of the Wendy house can may lawfully sell it)
- Possibility of Performance and Certainty (delivering of wendyhouse and payment)
- Formalities (not needed for this type of sale of moveable property)

- Wendy house which is moveable property

Notes
 Slide 39
eg

slide to

alienation of immovable properties

credit agreements to NCA

suretyship agreements
contract of employment BCEA

slide 40 only the winter contract

is only endena int contract
Unless ambiguity of
 - Name and de ne formalities prescribed for some types of contracts by legislation.

testislative requirement
- Give examples if contracts that have to comply with such formalities.

guided
Notarial Execution conclusion of

a contract in presence of notary public

Antenuptial contact
cession of
Leans of mineral rights
rights

Registrationofantrat

types of contracts

whiten
infant of notary public
2 notary
Mysteren
Ratification of contract slide 43
Notes
Notes
 side60

TestiÑiet
expressed implied term

64
Time clause certain future
event

64
Mse
nosines
Notes
1
Notes
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Notes
Notes
Notes
Notes
Notes