CLA1503 Commercial Law IC (CLA1503)

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CLA1503 SUMMARY 2022/2023 Page 1 of 23 COMMERCIAL LAW CLA1501 THE SOUTH AFRICAN LEGAL SYSTEM 078 548 0303 ORIGINS Roman Law Duch Customary Law Roman-Dutch Law 1652 with Van Riebeeck landing in Cape Town 1814 Law system influenced by English Law SOURCES OF THE LAW Note: Roman law was codified in the Corpus Iuris Civils during reign of the emperor Justinian – was first time law was codified (recorded in one comprehensive legislation) – SA Law not codified. AUTHORITATIVE SOURCE OF SA...

CLA1503 - Contractual Capacity. 2 – Contractual Capacity 2.1 Minor Who is a Minor?  A minor is an unmarried natural person of either sex below the age of 18 who has not been declared a major by the HC.  A minor may become a major in 2 ways: 1. Marriage 2. Court Order. 1. Marriage:  A minor attains majority on marriage regardless of his age.  If he is subsequently divorced, he remains a major even if he isn’t 18 years of age.  Parties to a marriage are now full maj...

cla1503-notes-summary-commercial-law. Module 1 ← The South African Legal System ← o Law is a social science. o South African Law is not codified: recorded in one comprehensive piece of legislation. ← Origin: o Indigenous legal systems applied at the southernmost tip of Africa before 1652. o Jan van Riebeeck arrives in Cape Town in 1652 and the adoption of Roman-Dutch law as a legalsystem to the Cape. ← Sources of South African law o Some are authoritative: courts are bound ...

CLA1503 Study Notes. Pg.3 Contents Study Unit 1: The South African Legal System ..................................................................................................... 9 Origin:................................................................................................................................................................. 9 Sources of South African law ..................................................................................................................

CLA1503 Assignment 2 Semester 1 2021 Questions and Answers. Commercial Law 1C CLA1503 Department of Mercantile Law Assignment 02 for Semester 01 (compulsory) Unique Number Due: 16 April 2021 4 RESOURCES 4.1 Prescribed book(s) The prescribed textbook for CLA1503 is General Principles of Commercial Law 9th ed (2019) Juta, co-authored by H Schulze, T Manamela, P Stoop, E Manamela, E Hurter, B Masuku and C Stoop. You should purchase this prescribed textbook. The prescribed books can be...

CLA1503 Notes. o The victim retains the choice of upholding or rescinding contract Module 5 Capacity to Perform Juristic Acts A further requirement for the validity of a contract is that the partie have the capacity to perform juristic acts. Only a natural person has this capacity but it is limited Age Majority A person attains full capacity to perform juristic acts when he or sh reaches the age of majority, 18 or by marrying before turning 18 Minority A minor child who has not turn...

CLA1503 Assignment 1 . 1a) According to the Alienation of Land Act 68 of 1981, no contract for the alienation of land is valid unless it is contained in a contract of alienation signed by the parties to the contract or by their agents acting on their written instructions. However, any alienation of land in contravention of the Act will be deemed to be valid if both parties have performed fully and the land has been transferred to the new owner. The formalities required by both parties (Mol...

CLA1503 QUIZ. Which ONE of the following is the supreme law of the Republic of South Africa? 1. Judgment of courts 2. Customary Law 3. Foreign Law 4. The Constitution of the Republic of South Africa Clear my choice Question 2 Not yet answered Marked out of 1.00 Flag question Question text Chris and Paul enter into a contract in terms of which Paul has to deliver a dozen bottles of export wine to Chris. Chris has already paid the purchase price. Paul now indicates that he does ...

CLA1503 Latest Notes. Prevention of Performance Prevention of performance by the debtor Here the debtor prevents his own performance: o Through his own faulteither intentionally or negligentlythe debtor makes his performanceimpossible:The obligation to perform continues. Prevention of performance by the creditor The creditormakesit permanentlyimpossiblefor the debtorto perform: the debtor can never perform Default of the creditor The creditor delays the performance of the debtor but d...