Summary The South African Law of Lease (An introduction)
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Course
LPL4801 - Law Of Sale And Lease (LPL4801)
Institution
University Of South Africa (Unisa)
My document is a summary of what a contract of lease is, the elements of a general contract in law, and that of a lease contract. It also summarises the requirements of such a contract and the parties involved thereof.
THE SOUTH AFRICAN LAW OF SALE AND
LEASE (INRODUCTION) LPL4801
LEASE CONTRACT DEFINED.
A contract of sale lease is a corresponding agreement between two
parties, being a lessor on the one side and a lessee on the other. In this
agreement, the lessor undertakes to render to the lessee temporary use
and enjoyment of a thing in return of payment of rent by the lessee.
REQUIREMENTS FOR A VALID CONTRACT IN GENERAL.
There must be consensus at all relevant times;
The parties to the agreement must be capable in law to contract ;
The necessary prescribed formalities need to be complied with;
The obligations created by the contract must be possible of
performance;
The agreement must be legal at all times; and
The contract must be determined or determinable.
ELEMENTS OF A LEASE CONTRACT.
For a contact of lease to be valid, the elements listed below must be
satisfied:
The lessor must deliver a thing or property to the lessee and the
lessee must receive same for temporary use and enjoyment.
There must be a thing/property to let
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