PVL3702 EXAM PACK 100+
QUESTIONS AND
CORRECT ANSWERS WITH
SHORT NOTES 2023
STUDY UNIT 1: THE LAW OF CONTRACT
You need to be able to define the following concepts
1. Obligation:
An obligation is a juristic bond in terms of which the party or parties on the 1 side
have a right to performance ...
PVL3702 EXAM PACK 100+
QUESTIONS AND
CORRECT ANSWERS WITH
SHORT NOTES 2023
,STUDY UNIT 1: THE LAW OF CONTRACT
You need to be able to define the following concepts
1. Obligation:
An obligation is a juristic bond in terms of which the party or parties on the 1 side
have a right to performance & the party or parties on the other side have a duty to
render that performance. In other words it’s a legal relationship between 2 or more
Legal Subjects.
2. Types of obligations
Civil obligation is an enforceable agreement can be enforced in a court of law.
Natural obligation does have some legal effect: it’s a legal relationship as
opposed to a moral relationship.
3. Contract:
A contract is an agreement entered into with the intention of creating an obligation or
obligations. A contract is therefore a fact, an event.
4. Types of agreements
Agreements creating obligations [ general agreements ] : agreements
of this nature are nothing but contracts.
Agreements extinguishing a debt : terminates the obligation .e.g.
release from a debt
Real agreements: is an agreement whereby a right is transferred. E.g.
when you buy a house
Gentleman’s agreements’: are not enforceable because there is no
animus contrhendi they are binding in honour only.
5. Distinguish between a contract and other obligations
, 6. List the requirements for the formation of a valid contract (5)
1. There must be agreement (consensus) or ostensible agreement between
the parties.
2. The parties must have capacity to act.
3. The performance must be possible at the time the contract was entered
into.
4. The conclusion of the contract, the performance & the object of the
contracting parties must be lawful (contract must in other words be legal).
5. Constitutive formalities must be complied with.
6. The contents or consequences of a contract must be ascertained or be
readily ascertainable, there must in other words be, certainty as to the
obligations to be created by the contract.
STUDY UNIT 2: BASIS OF A CONTRACT
, 1. What is the primary basis of contract in South African Law?
Case law dealing with eth subjective Approach
Smith v Hughes
6|Page Stacychembe@gmail.com
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