Requirements - A2

Question 1

What are the requirements for a valid offer? 3

Answer 1

1. Serious intention to conclude contract.
2. Offer must be clear and unambiguous.
3. Must be a clear communication of wills. (offer made to specific person)

Question 2

what are the grounds for lapse of offer? 5

think obligation

Answer 2

1. After reasonable time or time concluded in contract.
2. if one of the parties dies or is unable to complete contract.
3. When rejected by offeror or counteroffer made.
4. when not in accordance with offer.
5. When it doesn’t make an obligation.

Question 3

What are the requirements for valid acceptance? 5

Answer 3

1. Can only be accepted by whom to which offer was made.
2. Must be serious intent to conclude contract.
3. acceptance unequivocal and in accordance with contract.
4. Acceptance must be communicated to offeror.
5. Acceptance mad at time and place prescribed by offer.

Question 4

What are the requirements for reliance as an alternative basis for contract? 2

Answer 4

1. Reliance should be created through conduct of the other party.
2. Reliance must be reasonable.

Question 5

what are requirements for contract to be concluded under post? 4

Answer 5

1. Must be made by post and in normal run of business.
2. Must be commercial transaction.
3. Acceptance must be made via post.
4. Acceptance must not be addressed or posted incorrectly.

Question 6

What is the process of iustus error? 4

Answer 6

1. Person enforcing contract has to show there is an apparent contract.
2. Person who signed doc can usually not avail himself of fact he did not read or understand lease.
3. By signing contract, he created reliance he will be bound by contract.
4. Denier must show his error is material and the secondly show that error was reasonable.

Question 7

What are requirements for misrepresentation as grounds for recission? 5

Answer 7

1. There must be misrepresentation.
2. Must be made by other contracting party.
3. Misrepresentation must be made with regards to fact.
4. Representation must be material.
5. Must be causal link between misrepresentation and the contract.

Question 8

What are requirements for rescission? 3

Answer 8

1. Innocent party must give notice of intention to rescind.
2. Decision to rescind must be communicated to mis representer.
3. Restitution normally has to take place.

Question 9

What are requirements for damages? 4

Answer 9

1. Misrepresentation.
2. It must have caused damage.
3. Must be either fraudulent or negligent.
4. Must be patrimonial loss.

Question 10

What are the requirements for duress? 5

Answer 10

1. Threats made against contracting party.
2. Fear of party who wants to escape contract must be reasonable.
3. Danger must be imminent or inevitable.
4. Contract must be concluded because of threat.
5. Purpose of threat must be unlawful.

Question 11

What are the requirements for undue influence? 4

Answer 11

1. The person who commits undue influence must be in a position of influence over the other party.
2. The will of the influenced person must be pliable (capable of being manipulated).
3. The relationship between the parties must be abused by the influencer in an
   unscrupulous manner.
4. undue influence must have caused or induced the contract which was to his detriment, and which he otherwise would not have concluded.

Question 12

What are the requirements for a condition? 4

Answer 12

1. Should relate to a future event.
2. Contain element of uncertainty.
3. Refer to lawful event.
4. Not be contrary to nature of obligation.

Question 13

What are the requirements for mora debitoras? 3

Answer 13

1. Time for performance must be stipulated.
2. Can only occur when performance is due.
3. no fault need, but debtor can use no fault to defend himself.

Question 13

What are the requirements for mora creditoris? 5

Answer 13

1. Creditor must have a duty to cooperate.
2. Debt must be payable or enforceable by the debtor.
3. Debtor must offer to perform.
4. Creditor must refuse to cooperate in manner required.
5. Creditor does not have to be at fault.

Question 13

What are requirements for cancellation ? 2

Answer 13

1. Contract must make provision for cancellation.
2. Breach must be sufficiently serious or material.

Question 14

What are requirements for mora as grounds for cancellation? 3

Answer 14

1. Contract must allow it.
2. Time must be of essence if contract commercial or speculative.
3. or time must be made of the essence.

Question 15

What are the requirements for reduced contract price with defective performance in relation to the Exceptio? 3

Answer 15

1. Defective performance is being utilised by the creditor.
2. It would be fair for court to exercise its discretion in favour of the debtor.
3. If debtor can show amount with which claim should be reduced by.

Question 16

What are the requirements to discharge obligation through performance ? 4

Answer 16

1. Must be in accordance with contract.
2. Creditor may reject piecemeal performances.
3. Performance must take place at time agreed.
4. Place of performance is place agreed to, if none then where agreement concluded.

Question 17

What are the requirements for novation? 2

Answer 17

1. An existence of an old and valid debt.
2. Comply with normal requirements for valid contract.

Question 17

What are the requirements for set off? 4

Answer 17

1. Obligations must be between same person in their personal capacities.
2. May only take place between debts of similar nature.
3. Both debts must be due and payable.
4. Both debts must be susceptible to reasonably easy proof.

Question 18

What are the requirements for agency? 4

Answer 18

1. Agent must intend to act on behalf of another person.
2. Third party must intend to contract with principal.
3. Principle must exist when contract is concluded.
4. Agent must be able to perform act on behalf of the principal.

Question 18

What are requirements for estoppel? 4

Answer 18

1. Impression must be created by principal that person who concluded contract had authority to do so.
2. Fault of principal.
3. Third party must act on basis of such impression.
4. Third party must act to his detriment.

Question 19

What are requirements for purchase price? 3

Answer 19

1. Payable in money.
2. Real (no donations)
3. Certainty and ascertainability.

Question 20

What are the obligations of the seller? 4

Answer 20

1. To deliver the merx.
2. To take care prior to delivery
3. To warrant against eviction.
4. To warrant against latent defects.

Question 21

What are the obligations of the buyer? 3

Answer 21

1. Payment of purchase price. 2. Compensation for costs. 3. To take delivery of subject matter.

Question 22

What are the requirements for passing of ownership? 4

Answer 22

1. Delivery of movables. 2. Intention to transfer ownership. 3. Seller must be owner of thing being sold. 4. Payment of purchase price that was agreed.

Question 23

What are the obligations of the lessee? 3

Answer 23

1. To pay rent. 2. To use leased property properly. 3. To return the leased property.

Question 23

What are the obligations of the lessor? 4

Answer 23

1. Delivery of leased property to the lessee. 2. Ensure lessee remains in undisturbed possession. 3. Warranty against latent defects. 4. Reimbursements for improvements.

Question 24

Note: go over hypothec

Answer 24

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