Podcast
Questions and Answers
Which type of impossibility occurs after the contract has been formed?
Which type of impossibility occurs after the contract has been formed?
- Absolute impossibility
- Initial impossibility
- Supervening impossibility (correct)
- Legal impossibility
Physical impossibility of performance refers to when a contract is legally unenforceable.
Physical impossibility of performance refers to when a contract is legally unenforceable.
False (B)
What are the two legal principles that apply in the case of legal impossibility of performance?
What are the two legal principles that apply in the case of legal impossibility of performance?
Illegality and frustration of purpose
In terms of contract law, _________ refers to the provisions that impose duties to act or refrain from acting.
In terms of contract law, _________ refers to the provisions that impose duties to act or refrain from acting.
Match the following categories of impossibility with their descriptions:
Match the following categories of impossibility with their descriptions:
Which of the following is NOT considered an internal aid that a statute generally consists of?
Which of the following is NOT considered an internal aid that a statute generally consists of?
The Constitution has no impact on statutory interpretation.
The Constitution has no impact on statutory interpretation.
What is the primary focus of the law of obligations?
What is the primary focus of the law of obligations?
In South African contract law, all parties must have the capacity to perform ______ acts for a contract to be valid.
In South African contract law, all parties must have the capacity to perform ______ acts for a contract to be valid.
Match the following elements of a statute with their descriptions:
Match the following elements of a statute with their descriptions:
What subdivision of the law of obligations is emphasized in this module?
What subdivision of the law of obligations is emphasized in this module?
Which of the following best describes civil cases?
Which of the following best describes civil cases?
Contracts do not affect the wealth of people and organizations.
Contracts do not affect the wealth of people and organizations.
In criminal cases, the burden of proof lies on the defendant.
In criminal cases, the burden of proof lies on the defendant.
What is the primary difference between superior courts and inferior courts?
What is the primary difference between superior courts and inferior courts?
What must a statute set out to illustrate what the legislature aims to regulate?
What must a statute set out to illustrate what the legislature aims to regulate?
The _____ of a court judgment refers to the legal principle established in that case.
The _____ of a court judgment refers to the legal principle established in that case.
What does the doctrine of Stare Decisis entail?
What does the doctrine of Stare Decisis entail?
Match the following types of law with their descriptions:
Match the following types of law with their descriptions:
Trial procedure and application procedure are identical in the civil law context.
Trial procedure and application procedure are identical in the civil law context.
What are the primary sanctions imposed by criminal courts?
What are the primary sanctions imposed by criminal courts?
What is the weighting of the summative examination for both contact and distance students?
What is the weighting of the summative examination for both contact and distance students?
Distance students are required to complete a written unseen test.
Distance students are required to complete a written unseen test.
What is the minimum number of Integrated Curriculum Engagement (ICE) activities that students must complete?
What is the minimum number of Integrated Curriculum Engagement (ICE) activities that students must complete?
The formatives for contact students consist of a written unseen test and an _____ .
The formatives for contact students consist of a written unseen test and an _____ .
Match the assessment types with their respective weightings for contact students:
Match the assessment types with their respective weightings for contact students:
For distance students, what is required for the assignments?
For distance students, what is required for the assignments?
All assessments cover only Learning Units 1 to 3.
All assessments cover only Learning Units 1 to 3.
How long is the duration of the summative written unseen examination?
How long is the duration of the summative written unseen examination?
The total marks for the written unseen test for contact students is _____ .
The total marks for the written unseen test for contact students is _____ .
Match the following Learning Units with their assessment requirements:
Match the following Learning Units with their assessment requirements:
Which of the following is NOT one of the three categories of remedies for breach of contract in South African law?
Which of the following is NOT one of the three categories of remedies for breach of contract in South African law?
Cession is a mechanism for transferring personal rights in a contract.
Cession is a mechanism for transferring personal rights in a contract.
Name one legal mechanism that can terminate a contract.
Name one legal mechanism that can terminate a contract.
In South African law, __________ can be applied to calculate damages suffered by an aggrieved party.
In South African law, __________ can be applied to calculate damages suffered by an aggrieved party.
Match the legal mechanisms with their purposes:
Match the legal mechanisms with their purposes:
What is the primary purpose of LO3 regarding remedies for breach of contract?
What is the primary purpose of LO3 regarding remedies for breach of contract?
Prescription is a procedure to transfer personal rights in contracts.
Prescription is a procedure to transfer personal rights in contracts.
What is the result of a breach of contract?
What is the result of a breach of contract?
Study Notes
Module Purpose
- Explores legislation relevant to the commercial field, with a specific focus on compliance and legal implications of forming contracts.
Module Outcomes
- Demonstrate understanding of core concepts and principles in business law.
- Apply business law principles to real-world situations.
- Critically assess and evaluate business law elements.
Assessments for Contact Students
- Integrated Curriculum Engagement (ICE): 4 minimum activities, 10% of final grade.
- Formative Assessments:
- Written Unseen Tests (25%): 1 hour, closed book, covers Learning Units 1-3 (up to Theme 1 of LU3).
- Assignment (30%): Approximately 15 hours, open book, covers Learning Units 3-7, requires additional research.
- Summative Assessment:
- Written Unseen Examination (35%): 2 hours, closed book, covers all learning units.
Assessments for Distance Students
- Integrated Curriculum Engagement (ICE): 4 minimum activities, 10% of final grade.
- Formative Assessments:
- Assignment 1 (25%): Approximately 10 hours, open book, covers Learning Units 1-3, requires additional research.
- Assignment 2 (30%): Approximately 15 hours, open book, covers Learning Units 3-7, requires additional research.
- Summative Assessment:
- Written Unseen Examination (35%): 2 hours, closed book, covers all learning units.
Assessment Preparation Guidelines
- Tests for contact students will assess understanding of the principles and concepts from Learning Units 1, 2, and 3.
- Ensure working through all activities on Learn, exercises, and revision questions in the prescribed material.
Learning Unit 2: The Law of Obligations
- The South African legal system is divided into three main areas: public law, private law, and private international law.
- The law of obligations refers to legal ties between legal subjects arising from a legal fact, establishing rights and duties recognized by law.
- Focuses on the Law of Contract, which governs agreements involving rights and duties.
- Contracts affect wealth, so a body of law exists to regulate their formation, performance, and breach resolution.
- The learning unit explores the fundamentals of South African contract law, including the requirements for a valid contract.
- One requirement for a valid contract is the capability of all involved parties to perform juristic acts.
Learning Unit 6: Terms of the Contract
- Contractual terms are key provisions that outline duties, actions, restraints, timelines, and conditions for enforcement or termination.
- Different types of terms exist, each categorized by their function within the contract.
- Examines the various terms in a contract according to South African contract law.
Learning Unit 8: Remedies for Breach of Contract
- Explores the available remedies when a contract is breached.
- Compares and contrasts different remedies for contractual breach and their application in given situations.
- Analyzes the types of claims for damages in contract law.
- Provides guidance on calculating damages for an aggrieved party.
Learning Unit 9: Transfer and Termination of Personal Rights
- Personal rights and obligations in a contract have a limited lifespan or can be brought to an end through legal mechanisms.
- These mechanisms include cession, discharge, rescission, agreement, mergers, and debt-related procedures like set-off, prescription, and sequestration.
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Description
This quiz assesses your understanding of key principles in business law, focusing on compliance and the legal implications of contract formation. Prepare to apply these concepts to practical scenarios and demonstrate your ability to evaluate legislative aspects in the commercial field.
