CHAPTER 1 - Nature and Basis for contracts

Question 1

ELEMENT THAT DESTINGUISHED BINDING FROM NON-BINDING AGREEMENTS (CIVIL VS NATURAL)

Answer 1

ANIMUS CONTRAHENDI - INTENTION TO CREATE LEGALLY ENFORCABLE OBLIGATIONS

Question 2

ARE GENTLEMANS AGREEMENTS BINDING, WHY (NOT

Answer 2

ANIMUS CONTRAHENDI INTENTION TO CONTRACT LACKS. ONLY BINDING IN HONOR AND NOT IN LAW

Question 3

/\ LETTER OF INTENT / SUBJECT TO CONTRACT

Answer 3

RELEVANT TERMS ARE NOT PART OF A LEGALLY BINDING CONTRACT YET

Question 4

HOW TO DETERMINE PRESENCE OF ANIMUS CONTRAHENDI

Answer 4

MATTER OF FACT, TO BE DETERMINED AFTER ALL AVAILABLE EVIDENCE. EG: LLB DONE, GET A CAR

Question 5

LACK OF ANIMUS CONTRAHENDI BUT IMPRESSION OF ITS PRESENCE CREATED

Answer 5

VALID CONTRACT. RELIANCE THEORY.

Question 6

AGREEMENTS W LEGAL EFFECT THAT ARE NOT CONTRACTS

Answer 6

• OBLIGATIONARY,
  ABSOLVING, AND
  REAL/TRANSFER
  AGREEMENTS

(SALE/LEASE)
(CESSION)
(AMIMUS TRADICTIO / ACQUIRENDI)

Question 7

2 SUI GENERIS CONTRACTS

Answer 7

MARRIAGE

JUDGEMENT BY CONSENT

Question 8

WHY IS MARRIAGE SUI GENERIS

Answer 8

PRIM PURPOSE NOT RISE OF OBLIGATIONS

CANNOT EXIT WITHOUT STATE

PARTIES RECEIVE STATUS OF PUBLIC CHARACTER

Question 9

WHY IS JUDGEMENT BY CONSENT SUI GENERIS

Answer 9

C BETWEEN PARTIES

ENFORCED BY STATE

Question 10

/\ CONTRACT

Answer 10

AGREEMENT BY 2+ WITH INENTION TO CREATE LEGAL OBLIGATIONS

Question 11

1.1 REQUIREMENTS (ELEMENTS)FOR VALID C

Answer 11

CONSENSUS

CPACITY

FORMALITIES

LEGALITY

POSSIBILITY

CERTAINTY

Question 12

1.3 FEATURES OF A C

Answer 12

JURISTIC ACT / VINCILUM JURIS

2+

OBLIGATIONS ON BOTH SIDES

FREEDOM OF CONTRACT

CONSENSUS

BONAE FIDEI

Question 13

1.4 /\ obligation

Answer 13

VINCULUM JURIS, RIGHTS AND RESPONSABILITIES

Question 14

1.4 RIGHTS MADE THRU C

Answer 14

PERSONAL RIGHTS, THUS PRIVATY OF C

Question 15

CIVIL VS NATURAL OBLIGATIONS

Answer 15

CIVIL IS ENFORCABLE BY COURTS. NATURAL NOT

Question 16

HKM IS SKULDVERGELYKING MOONTLIK

Question 17

SOURCES FOR OBLIGATIONS

Answer 17

C, DELICT, ENRICHMENT, FAMILIES, WILLS, STATUTES

Question 18

C VS DELICT

Answer 18

C IS VOLUNTARY, D IS FORCED BY STATE

Question 19

/\ CONCURRENT LIABILITY

Answer 19

C + D, BY BREACH AND BY HARM. FINANCIAL OR RESTITUTION

Question 20

UNJUSTIFIED ENRICHMENT

Answer 20

ADMIN OF ESTATE SANS CAUSA

Question 21

CAUSES FOR
C
D
ENRICHMENT

Answer 21

AGREEMENT TO PERFORMANCE

HARM

SHIFT SANS CAUSA

Question 22

CONTENT OF OBLIGATIONS
C
D
E

Answer 22

PERFORMANCE

AVOID DOING HARM

RETURN OF ENRICHMENT

Question 23

NATURE OF REMEDY
C
D
E

Answer 23

ACTUAL PERFORMANCE OR COMPENSATION

COMPENSATION

RETURN OF ENRICHMENT

Question 24

SOURCE OF OBLIGATION
C
D
E

Answer 24

SELF-IMPOSED
LAW IMPOSED
LAW IMPOSED

Question 25

TRADICTIO WITHOUT ANIMUS CONTRAHENDI

Answer 25

TRANSFER OF RIGHTS IS LEGIT. MUST DEMAND REI VINDICATIO FOR RETURN B4 TAKER GOES INSOLVENT

Question 26

PACTA SUNT SERVANDA

Answer 26

AGREEMENTS MUST BE ADHERED T0

Question 27

GW A2

Answer 27

CONDUCT INNCONSISTENT W GW IS INVALID

Question 28

GW A39(2)

Answer 28

WHEN DEVELOPING COMMON / CUSTOM LAWS THE COURT/ TRIBUNE/FORUMS MUST PROMOTE VALUES OF CONSTITUTION

Question 29

GW A8(2)

Answer 29

BINDS JURISTIC PERSONS

Question 30

// KHUMALO

Answer 30

A8(3) IMPLIES INDIRECT

Question 31

// BARKHUIZEN V NAPIER

Answer 31

C IS NOT LAW NOR CONDUCT THUS NOT BOUND TO a36/172. RATHER LOOK AT IF IT GOES AGAINS PUBLIC POLICY

Question 32

// BEADICA

Answer 32

PUBLIC POLICY APPLIED, GW INDIRECT

Question 33

// AB V PRIDWIN

Answer 33

GW DIRECTLY APPLIED

Question 34

ASPECTS OF COMMUNICATION

Answer 34

INTENTION MESSAGE SENT INTERPRETATION OF MESSAGE

Question 35

ACTUAL SUBJECTIVE VS APPARENT OBJECTIVE AGREEMENTS

Answer 35

ANIMUS C, INTENT TO C MEEDING OF MINDS AWARENESS OF CONSENSUS IMPRESSION OF CONSENSUS, BUT DISSENSUS

Question 36

BASIS OF CONTRACTS THRU WILL DECLATATION RELAINCE

Answer 36

TRUE CONSENSUS APPARENT CONSENSUS BELIEF IN EXISTENCE

Question 37

NATURE OF CONTRACT WILL DELARATION RELIANCE

Answer 37

SUBJECTIVE OBJECTIVE SEMI-OBJECTIVE

Question 38

EFFECT OF MISTAKES WILL DECLARATION RELIANCE

Answer 38

C FAILS C STANDS C STANDS IF RELIANCE IS REASONABLE

Question 39

DRAWBACK WILL DECLARATION RELIANCE

Answer 39

DONT PROTECT REASONABLE RELIANCE FORM OVER SUBSTANCE MERELY SECONDARY BASE OF CONTRACT

Question 40

CONTRACTUAL ONUS

Answer 40

WIE BEWEER MOET BEWYS

Question 41

CORNERSTONES OF CONTRACT

Answer 41

FREEDOM OF CONTRACT PACTA SUNT SERVANDA BONAE FIDEI PRIVITY OF CONTRACT