Contract Law Basics

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What type of law do contract law, delict, and enrichment fall under?

Criminal law

Civil law (correct)

Constitutional law

Administrative law

Which of the following is NOT considered under the law of property?

Criminal offenses (correct)

Trademarks

Patents

Contracts involving trademarks

Which statutes have impacted the regulation of the law of contract?

National Credit Act (correct)

Labour Relations Act

Road Traffic Act

Criminal Procedure Act

What has recently expanded the scope and impact of the law of contract?

African customary law Signup and view all the answers

The constitution is considered as the supreme law of the land, meaning that:

All other laws must comply with it Signup and view all the answers

Which legal concept has influenced the modern notion of contract according to the text?

African customary law Signup and view all the answers

What is one disadvantage of standard form contracts?

They limit the freedom of the party unable to negotiate terms Signup and view all the answers

Where will the principle of public policy be covered in more detail?

Under legality Signup and view all the answers

Which aspect is not crucial for the purposes of the lecture notes?

Consumer rights Signup and view all the answers

What will be discussed in Theme 2 of the module?

The Consumer Protection Act Signup and view all the answers

For which type of contracts are standard form contracts most suitable?

Most transactions except big commercial contracts Signup and view all the answers

What is the nature of the remedy in contract law?

Specific performance Signup and view all the answers

In the context of a sale, what does the agreement involve?

Transferring wealth between parties Signup and view all the answers

What is the source of obligation in contract law?

Self-imposed via entering into a contract Signup and view all the answers

What is enrichment in legal terms?

Unjustified shift of wealth or assets from one party to another Signup and view all the answers

What is the obligation in delict?

Avoiding causing harm to others Signup and view all the answers

What is the nature of the remedy in delict?

Compensation for harm caused to others' property Signup and view all the answers

What happens if any of the requirements ensuring the obligations in a contract are missing?

The contract becomes unenforceable Signup and view all the answers

What does 'juristic act' mean in relation to a contract?

Legal consequences intended by the parties Signup and view all the answers

In a valid contract, how many parties are involved according to the text?

Exactly two parties Signup and view all the answers

What do the parties undertake to do in a contract?

To perform certain actions or refrain from certain actions Signup and view all the answers

What does reciprocity in a contract signify?

'Do something' agreement between parties Signup and view all the answers

What does freedom of contract allow parties to do?

Agree to anything possible and lawful Signup and view all the answers

What is the burden of proof for the existence of a contract?

It lies with the party alleging its existence. Signup and view all the answers

Which theory is based on concurring wills from both parties?

The Will Theory Signup and view all the answers

What approach will uphold a contract under certain circumstances?

Objective Approach Signup and view all the answers

In contract formation, what is the basis for the Reliance Theory?

Induced consensus by the other party Signup and view all the answers

Which theory favors form over substance in contract creation?

Declaration Theory Signup and view all the answers

What can lead to the conclusion of a contract even if consensus is not actually present?

Appearance of consensus Signup and view all the answers