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Hi alistair. Thanks for buying and reviewing my Bus Law 1 notes.
I would greatly appreciate it if you posted a link in the vula chatroom.
Additionally, i also have notes for Bus Law 2. If you are doing that course next semester we can make a deal. Id give you those notes it you post in the chatroom.
Let me know.
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Byron
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Exam Info
Exam Format
There are 3 sections to the exam
The exam is out of 60 marks.
o Part A is Multiple Choice Questions
10 marks
o Part B is True/False with reason
20 marks
o Part C is short and problem questions
30 marks
Exam Content
The work covered for Test 1
o Accounts for approximately 8% of the exam (5 marks)
The work covered for Test 2
o Accounts for approximately 12% of the exam (7 marks)
The most important sections for the purpose of the exam are
o General Principles of Contract
Formation of a valid contract
Contents of the Contract
Breach of Contract
Remedies
Transfer of rights & obligations
Termination of obligations
o Law of Sale
Doesn’t mean that other sections covered since Test
2 are not examinable
The relative weighting of other sections is merely
less
,INTRODUCTION
,Definitions
Burden of proof
Criminal case
Beyond reasonable doubt
Civil Case
Balance of probabilities
Court of First Instance Vs Court of Appeal
Court of first instance
Hears the legal case (dispute) the first time it comes before a court
Court of appeal
Case is re-opened to ask a higher court to overturn the decision of the
lower court
Civil vs. Criminal Cases
Civil
One individual suing another
o Can involve state
o For things like damages
Criminal
State versus an individual
o For a crime
Act vs. Regulation
Act
Needs a majority vote in parliament.
% Majority might differ depending on specific act
Regulation
Minister has authority to change
Easier to change than an act
Contract
An agreement between two or more parties
Creates rights and duties between them
o Legally binding
o Enforceable
,Unjustified Enrichment
What it is
Someone has been enriched at the expense of yours
o Without them giving you anything in return
Service
Product
3 requirements that have to be satisfied
Prove that you have been impoverished
Prove that the other party has been enriched
Needs to be a casual link between
o The enrichment
o The impoverishment
Mora
Duration of time
Delay
Ex re
Rising from the thing itself
o The circumstance
o The transaction etc
Debtor
The party who owes the performance
The party who is under a duty to perform
Party with the obligation to deliver .
Creditor
The party who is entitled to receive performance.
,What is Law
Law definition
The only body of rules governing human conduct that is recognized by the
state and which the state will, if necessary, enforce.
Authority, and in the last resort, force, are of the very essence of law.
What law does?
Keep order in society
Uphold morals
Help people in need
Who enforces law
Judge or magistrate sanction people they deem to have broken the law
Criminal cases between state and defendant
o Complainant becomes a witness
o State employs police and prosecutors to handle criminal cases
Civil cases such as claims of delict
o State does not get involved
o Duty of the complainant to take action
Becomes the plaintiff
How Law is Enforced
Legislature
Parliament
Makes the law
Executive
President, Ministers, and Administration (civil service)
Enforces law
Judiciary
The courts
Interprets and applies the law
,Sources of SA law
Constitution
Highest law
o Supreme piece of legislation
o Everything must be in line with it
Development
o Done differently to any other legislation
o Preliminary version developed
The multi-party discussion in 1994
o Constitutional assembly then formed in 1997
To create final constitution
Why it cant be easily changed
o Need a 2/3 majority vote in parliament
o Needs supporting vote of 6 provinces
,Legislation
Definition
Different acts
o Companies’ act
o Close corporations act
Under the constitution
Set of laws passes by parliament
Provincial legislation
Legislation tailored to provinces need
o Cape has different liquor laws to rest
Passed by national council of provinces
Municipal council
o Under provincial legislation
o Deals with bylaws etc.
Areas of conflict
If provincial and national laws are contradictory
Always defer to national law
Provincial vs. Delegated Legislation
Original legislation
o Made by people who have the power to make the law
Given this power by the constitution
Example
Parliament
o Challenging Original Legislation
On the basis it is unconstitutional
Delegated legislation
o Made by people who have been given the power to pass law
Given by original legislation
Example
Ministers
o Challenging Original Legislation
On the basis it is unconstitutional
Ultra Vires
It is outside the scope of power given by the
legislation
, Judicial precedent (Case Law)
What a judge rules
o His/her interpretation of the law
Deals with the application and conclusion of a law
Determined by
o Judges interpretation of the law
o Previous cases that are similar
Follows that example
Law therefore made by judgments
Court that first speaks on a matter makes precedent
Other courts follow it
This process called “stare decisis”
Latin word that translates to “let the decision stand”
Process explained in detail at the end of this section
Roman Dutch law (Common Law)
Inherited from Holland when we were a Dutch colony
Not written down/codified, just principles we inherited and follow
o Basic way transactions work
Can be amended at any time
o Legislation that disagrees with this law overrides it
Looked back to roman law
o Liked them roman laws
o Added and modified roman law
Some of our law based on this
SA is one of the few countries to still use it
o Even Holland doesn’t use it
Areas where we rely heavily on this
o Law of sale and lease
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