THE LAW OF CONTRACT

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THE LAW OF CONTRACT Powered By Docstoc
					                                                                                              School for Entrepreneurship and Business Development / School for Accounting




INSTRUCTIONAL OFFERING                                            MERCANTILE LAW 1
SUBJECT CODE
EXAMINATION                                                       3 HOURS
CREDITS                                                           24
NQF LEVEL                                                         7
TYPE OF LEARNING

       SEMESTER 1: Introduction to law & Basics of law of contract

UNIT   SPECIFIC OUTCOME                                           ASSESSMENT CRITERIA                                                  CREDITS      NOTIONAL      WEEKS
                                                                                                                                                     HOURS
       INTRODUCTION TO THE LAW
 1     Understand general principles regarding the law and        1   What is the law?
       its sources.                                               2   What are the sources of the law?                                     1            10           1
                                                                  3   Discuss the history and development of the SA Law.

 2     Explain the compilation of the South African Law           1   Give a schematic representation of the SA Law
       System.                                                    2   Briefly explain the different law subjects                           1            10           1

 3     Identify the different types of courts and discuss their   1   Explain the jurisdictions of the courts                              2            20           2
       proceedings                                                2   Give a detailed description of criminal proceedings
                                                                  3   Give a detailed description of civil proceedings
                                                                                        School for Entrepreneurship and Business Development / School for Accounting




4   Identify the different types of legal practitioners    1   Explain the difference between an attorney and an advocate            1            10           1
                                                           2   Explain the difference between a judge and a magistrate
                                                           3   Discuss the qualifications of legal practitioners

5   THE LAW OF CONTRACT
    Explain the importance of a valid contract and         1   Define the concept “contract”
    explain the legal requirements necessary to make it    2   Identify the requirements for a valid contract.                       1            10           1
    binding and legally enforceable.                       3   Explain the concepts “valid, void and avoidable”
6   Discuss serious intention as requirement for a valid   1   Discuss Robinson v Randfontein Estates Gold Mining Co. Ltd.           2            20           2
    contract.
    Explain where and when distance contracts are          2   Discuss S v Henckert to explain the telephone contract.
    concluded
7   Discuss consensus as requirement for a valid           1   Discuss Crawley to explain the position of advertisements.            2            20           2
    contract.                                              2   Name the types of mistakes.
    Identify and explain the factors influencing           3   Discuss Du Toit v Atkinson Motors to explain the effect of
    consensus as well as their influence on the                misrepresentation.
    agreement.
8   Identify the contractual capacity of the mentioned     1   Indicate the three categories of contractual capacity.                1            10           1
    parties in the chapter.                                2   Discuss the legal position of the minor in detail.
                                                                                            School for Entrepreneurship and Business Development / School for Accounting




9    Discuss the lawfulness of contracts and explain the        1   Give examples of unlawful contracts                                   1           10         1
     three types of formalities in contracts.                   2   Explain what the formalities of contracts entail.

                                                              SEMESTER 2: Law of Contract (continues)

     THE LAW OF CONTRACT
10   Explain the relevance of the possibility of                1   Distinguish between the different forms of impossibility.
     performance as requirement, with indication to             2   Give examples of supervening impossibility of performance             1           10         1
     impossibility.                                             3   Explain the consequences to the contract in such a case
     Explain certainty of performance.
11   Name and explain the different parties to a contract       1   Distinguish between assignment, cession and delegation.               1           10         10
     and discuss the relevant clauses.                          2   Explain the stipulate-ioalteri.
                                                                3   Which clauses are essential to include in the contract?
12   Identify the different forms of breach of contract and     1   Answer different case studies by                                      2           20         2
     give the correct remedies for your client.                      Identifying the relevant form of breach of contract.
                                                                    Identifying the applicable remedies in each case.
13   Name the possible ways         a contract can be           1   Explain the difference between a set-off and a merger.                1           10         1
     terminated.                                                    Discuss the interruption of prescription.
                                                                                      School for Entrepreneurship and Business Development / School for Accounting




     THE CONTRACT OF SALE
14   Draw up a contract of sale.                           1   Name the requirements for the transfer of ownership.
                                                           2   Discuss and apply the risk rule.                                     2           20         2
                                                           3   Know the relevant principles in drawing up a contract.
     CREDIT AGREEMENTS
15   Apply the knowledge on Credit Agreements to           1   Explain the application of the Credit Agreements Act
     practical situations to find solutions to problems.   2   Define an installment sale transaction.                              2           20         2
                                                           3   Discuss the cooling off period.
     LAW OF AGENCY
16   Give a brought explanation of the law of agency.      1   List the characteristics displayed by representation                 1           10         1
                                                           2   Identify the relevant parties and their duties in the process of
                                                               representation.
     NEGOTIABLE INSTRUMENTS
17   Explain the cheque as a form of negotiable            1   Discuss the nature of negotiable instruments.
     instrument.                                           2   Define the concept “cheque”                                          1           10         1
                                                           3   Explain the crossing of cheques and the effect.

				
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posted:10/16/2011
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