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LPL4801 Summarised Study Notes
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- University Of South Africa (Unisa)
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LPL4801EXAM PACK
, LPL401 8
"
#$ % Introduction to the contract of lease
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Every specific contract is a contract, which means that all the general principles of the law of contract
apply to it
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⇒ It Is the content (terms) of a contract which determines whether it is to be assigned to a specific class
of contracts or whether it is to be regarded as a contract a contract which does not fit into
any particular contract
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⇒ The essentialia are not terms that are essential for the validity of the contract, they are terms that are
essential for the classification of a contract as one of a specific type i.e. determine the category into
which a contract falls
⇒ Essentialia of a contract of sale:
1. An undertaking by the one contractant (the seller) to deliver a thing to his or her co contractant
2. An undertaking by the co contractant to pay a sum of money in exchange for the thing
⇒ Any specific contract is defined in terms of its essentialia
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⇒ The class to which a particular contract belongs determines its naturalia included in the contract by
operation of law (ex lege) need not be expressly negotiated by the parties
⇒ It is necessary to classify a contract as a specific type as this is required to determine the natural
terms of the contract.
⇒ May be excluded by agreement between the parties to a particular contract of that class
⇒ The parties are free to insert as many additional terms as the like these are called incidental terms
#$ % Definition and essential elements
3 types of letting and hiring: the hiring of services which are conducted under supervision; the hiring of a
person’s services in order to obtain the results of the labour such as building a house and the letting and
hiring of a thing which can be either movable or immovable
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It is a reciprocal agreement between one party, namely the lessor, and another party, namely the lessee,
where by the lessor binds himself or herself to give to the lessee the temporary use and enjoyment of the
thing, in return for the payment of the rent
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⇒ There are 6 absolute requirements:
1. Consensus or apparent consensus
2. The parties must have contractual capacity
3. Prescribed formalities must be complied with
4. The obligations created by the contract must be possible of performance
5. The contractual agreement must be legal
6. Performance must be determined or determinable
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1. The lessor must delivers and the lessee must receive a thing or property for the temporary use
and enjoyment of this thing or the property
2. There must be a thing or property which is being let
3. An amount of rent must be paid for the use and enjoyment of the leased thing
The parties must agree to deliver and receive a particular thing
⇒ An expression of the general requirement that performance must be possible
⇒ Supervening impossibility: where performance becomes impossible through no fault of the lessor.
Obligations are terminated.
Downloaded by liah Huluhulu (nhuluhulu@gmail.com)
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