BER 210 Semester Test 1 Flashcards
South African law is made up of…
Roman-Dutch law plus English Law
What is a law?
-Rules to obey
-Enforced by the state
-Peremptory or regulatory
What is a right?
Legally protected interests enforceable against everyone
What is Corpus Iuris Civilis
The codification of the Roman Law got Emperor Justinian
What does Corpus Iuris Civilis consist of
-The Codex
-The Digesta
-The Institutiones
-The Novellae
What are the different types of rights?
-Real rights
-Personal rights
-Intellectual Property Rights
-Personality Rights
What are the sources of laws (where do laws come from)
-Customs
-Legislation
-Courts
What are the requirements for customs before they can be an enforceable legal rule?
-Be reasonable
-Have existed for a long time
-Be generally recognised in the community
-Be clear and certain
What are legislative bodies in SA divided into?
-Parliament
-Provincial legislation
-Subordinate legislative bodies
What are the 2 forms of courts
-Civil court
-Criminal court
What’s the structure and jurisdiction of courts in SA (highest to lowest)
-Constitutional Courts
-Supreme Court of Appeal
-Magistrates court
-Small claims court
What is a contract
An agreement that creates an obligation/obligations between the parties to the agreement
What is an obligation
It consists of a right and corresponding duty
What are unilateral obligations
One where one party has a right and the other has only duties
What are bilateral obligations
When both parties in a contract have duties and rights
What are the foundations of a contract?
- Freedom of contract
- Sanctity of contacts (pacta sunt servanda)
- Good faith (bona fides)
- Privity of contract
What are the requirements for a valid contract?
- Consensus
- Contractual capacity
- Legality/Lawfulness
- Possibility of performance
- Certainty
- Formalities
What are the requirements for a valid offer
-offer must be complete and comprehensive
-offer must be clear and certain
-No formalities unless prescribed by legislation
How can offers be terminated
-Rejection
-Revocation
-Lapsing of time
-Death of offeror/offeree before acceptance
Factors that influence consensus
-Mistake/Error
-Misrepresentation
-Duress
-Undue influence
What is contractual capacity
Refers to the competences to create rights and duties by concluding a contract w/ another person
Ppl w/o contractual capacity
-Mentally ill ppl
-Infants (under 7yrs)
-Ppl under the influence of ‘cohol/drugs
Ppl w/ limited contractual capacity
-Minors (7-18yrs)
-Married ppl
-Prodigals
-Insolvent ppl
Ppl w/ full contractual capacity
Everyone outside the above listed except criminals
