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Law of Contract Exam Questions and Answers 100% Solved Graded A+

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  • Law Of Contracts

Law of Contract Exam Questions and Answers 100% Solved Graded A+ Definition of animus contrahendi - The intention of parties to enter into a legally enforceable agreement. Tree types of agreements which are NOT contracts: - * Obligatory Agreements * Absolving Agreements * Real/Transfer Agree...

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  • October 11, 2024
  • 27
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Law of contracts
  • Law of contracts
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JOSHCLAY
©JOSHCLAY 2024/2025. YEAR PUBLISHED, 2024.
Law of Contract Exam Questions and

Answers 100% Solved Graded A+


Definition of animus contrahendi - ✔✔The intention of parties to enter

into a legally enforceable agreement.

Tree types of agreements which are NOT contracts: - ✔✔* Obligatory

Agreements

* Absolving Agreements

* Real/Transfer Agreements

Definition of a Contract - ✔✔A contract may be defined as an agreement

entered into by two or more persons with the intention of creating legal

obligations. A further element exists - that the agreement should be one

that the law recognises as being binding on the parties.

6 Requirements for a valid contract: - ✔✔* Consensus

* Capacity

* Formalities

* Legality

* Possibility

,©JOSHCLAY 2024/2025. YEAR PUBLISHED, 2024.
* Certainty

Nature of the contract: - ✔✔A contract is a juristic act. The conclusion of

a contract is bilateral or multilateral. There must be at least two parties to

an agreement. A contract entails promises or undertakings on one or both

sides. Most contracts entails reciprocity.

Definition of Obligations for the purpose of the law of contract: - ✔✔A

juristic bond i.t.o which the party/s on the one side have a right to a

performance and the the party/s on the other side have a duty to render

that performance - a legal relationship between two or more subjects.

Will theory (Theories of contract) - ✔✔The basis of the contract is to be

found in the individual will. Parties are bound by their contract because they

have chosen to be bound. (Subjective)

Declaration theory (Theories of contract) - ✔✔The inner wills of the

parties are irrelevant. What is important for contract is not what the parties

think but what they say or do: The external manifestations of their wills.

Reliance theory (Theories of contract) - ✔✔The basis of contact is to be

found in detrimental reliance on the appearance of the agreement; in the

reasonable belief in the existence of consensus, induced by the conduct of

the other party.

, ©JOSHCLAY 2024/2025. YEAR PUBLISHED, 2024.
Actual Subjective agreement: - ✔✔Genuine agreement presupposes an

actual meeting of the minds of the parties (concursus animorum).

Subjective consensus of this nature exists when all the parties involved:

* seriously intend to contract;

* are of one mind (ad idem) as to the material aspects of the contract -

namely, the terms of the proposed agreement, and the identity of the

parties to it; and

* are conscious of the fact that their minds have met - as a learned

commentator has pointed out, it is not enough that you wish to sell me your

book for R1 000 and that I would be willing to buy it at

that price: 'Our minds are on parallel tracks, but a contract emerges only

when the tracks intersect.

Communication of intention has three facets: - ✔✔* True intention

* Expressed intention

* Perceived intention

Cornerstones of contract: - ✔✔Consensus and reliance and the two

fundamental concepts.



Other fundamental ideas:

* Freedom of contract

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