Other
Law of contract proposal
- Course
- Law (CNT301)
- Institution
- University Of The Western Cape (UWC)
Topic proposal
[Show more]
Seller
Follow
Content preview
Our intended topic will give an insight on how complicated terms of contract can get if theyare not written down, as it is nearly impossible for the contracts to be given effect to if there
are complication with the obligations of parties involved.
1) Choose topic
Express, Implied and Tacit terms
Expressed terms are terms specifically agreed upon by the parties and are either articulated in
an oral contract or written down. Implied terms are those terms which are not explicitly
agreed upon by the parties, but which nevertheless form part of the contract. A Tacit term is
one that the parties did not specifically agree upon, but which both or all of them expected to
form part of their (oral or written) agreement.
2) What do you hope to find/ why did you choose the topic?
These terms of contracts are quite complicated, and they will cause questions, in law
contracts should not be implied and not be conducted verbally because that is problematic
because people might not be aware that they are in contracts and not interpret their verbal
agreements the same way which then leads to conflicts. A better solution would be that they
be written down and signed by the individuals entering into agreements so that when a
dispute arises, they can claim on what is written down. Reference to the following cases will
be made, Alfred McAlpine & Son (Pty) Ltd v Transvaal Provincial Administration and
Starways Trading v Pearl Island Trading.
3) What is the current stance in the law of contract?
All terms of contracts are recognized in contracts they can be made verbally, implied and
those that are written down. Even though the law of contract still places contracts that are
contracts that are implied enforceable. Regarding the above-mentioned expressed, tacit, or
implied term principle derived from Common Law, the courts are undoubtedly obligated to
keep the provisions, principles, and values of the Constitution in mind when interpreting any
tacit or implied term in an agreement, as the Constitution places an obligation on the courts to
develop the Common Law to coincide with the constitutional values.
4) Recommendation
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller olulodwantshabada. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R65,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now