, LJU4804 Assignment 1 (COMPLETE ANSWERS) Semester 2
2024 (572574) - DUE 30 August 2024 ; 100% TRUSTED
Complete, trusted solutions and explanations.
1 Which legal categories are used in terms of the via media
approach to classification? (1)
The via media approach to classification, also known as the
"middle way" approach, is a method used in the classification of
contracts that do not fit neatly into the traditional categories of
"contract of sale" and "contract of exchange" (or barter). This
approach recognizes that some contracts contain elements of
both sales and exchanges and thus cannot be strictly categorized.
In the context of legal classification, the following legal
categories are considered under the via media approach:
1. Contract of Sale (Emptio Venditio): A contract where
ownership of goods is transferred from the seller to the
buyer in exchange for a price in money.
2. Contract of Exchange (Permutatio): A contract where
parties exchange goods or services without involving
money as the medium of exchange.
3. Mixed Contracts: Contracts that contain elements of both
sale and exchange, such as when goods are exchanged but
with some monetary consideration also included.
4. Innominated Contracts: Contracts that do not fit neatly
into traditional categories and are instead classified based
on their mixed or hybrid nature.
5. Synallagmatic Contracts: Bilateral contracts where both
parties undertake reciprocal obligations.
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