29 Questions
What type of law do contract law, delict, and enrichment fall under?
Civil law
Which of the following is NOT considered under the law of property?
Criminal offenses
Which statutes have impacted the regulation of the law of contract?
National Credit Act
What has recently expanded the scope and impact of the law of contract?
African customary law
The constitution is considered as the supreme law of the land, meaning that:
All other laws must comply with it
Which legal concept has influenced the modern notion of contract according to the text?
African customary law
What is one disadvantage of standard form contracts?
They limit the freedom of the party unable to negotiate terms
Where will the principle of public policy be covered in more detail?
Under legality
Which aspect is not crucial for the purposes of the lecture notes?
Consumer rights
What will be discussed in Theme 2 of the module?
The Consumer Protection Act
For which type of contracts are standard form contracts most suitable?
Most transactions except big commercial contracts
What is the nature of the remedy in contract law?
Specific performance
In the context of a sale, what does the agreement involve?
Transferring wealth between parties
What is the source of obligation in contract law?
Self-imposed via entering into a contract
What is enrichment in legal terms?
Unjustified shift of wealth or assets from one party to another
What is the obligation in delict?
Avoiding causing harm to others
What is the nature of the remedy in delict?
Compensation for harm caused to others' property
What happens if any of the requirements ensuring the obligations in a contract are missing?
The contract becomes unenforceable
What does 'juristic act' mean in relation to a contract?
Legal consequences intended by the parties
In a valid contract, how many parties are involved according to the text?
Exactly two parties
What do the parties undertake to do in a contract?
To perform certain actions or refrain from certain actions
What does reciprocity in a contract signify?
'Do something' agreement between parties
What does freedom of contract allow parties to do?
Agree to anything possible and lawful
What is the burden of proof for the existence of a contract?
It lies with the party alleging its existence.
Which theory is based on concurring wills from both parties?
The Will Theory
What approach will uphold a contract under certain circumstances?
Objective Approach
In contract formation, what is the basis for the Reliance Theory?
Induced consensus by the other party
Which theory favors form over substance in contract creation?
Declaration Theory
What can lead to the conclusion of a contract even if consensus is not actually present?
Appearance of consensus
Explore the fundamental requirements and characteristics of contracts in law, such as capability of performance, enforceable content, and involving at least two parties. Learn how contracts are defined by specific features and legal consequences for parties.
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