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A contract is considered illegal if its object is contra bonos mores.
A contract is considered illegal if its object is contra bonos mores.
True
In Roman law, if both parties are in turpitudo, the plaintiff can still make a claim.
In Roman law, if both parties are in turpitudo, the plaintiff can still make a claim.
False
According to South African law, a plaintiff does not need to return what they received if the defendant would have been precluded from claiming due to the par delictum rule.
According to South African law, a plaintiff does not need to return what they received if the defendant would have been precluded from claiming due to the par delictum rule.
True
In Roman-Dutch law, the par delictum rule is applied more leniently compared to South African law.
In Roman-Dutch law, the par delictum rule is applied more leniently compared to South African law.
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A plaintiff who is a turpis persona cannot claim for property delivered under an illegal agreement.
A plaintiff who is a turpis persona cannot claim for property delivered under an illegal agreement.
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A person can reclaim payment made under a mistaken belief that the payment was owed.
A person can reclaim payment made under a mistaken belief that the payment was owed.
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Under SA Law, no debt at the time of payment means that the payment can be reclaimed without any conditions.
Under SA Law, no debt at the time of payment means that the payment can be reclaimed without any conditions.
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A mala fide receiver is held liable for all damages and interest on received monies.
A mala fide receiver is held liable for all damages and interest on received monies.
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Mala fide receivers can be held liable for fruits that they could have gathered but did not.
Mala fide receivers can be held liable for fruits that they could have gathered but did not.
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In Roman-Dutch Law, payments made due to mistake of law can be recovered.
In Roman-Dutch Law, payments made due to mistake of law can be recovered.
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To prove a condictio indebiti, the party must demonstrate that the mistake was unreasonable.
To prove a condictio indebiti, the party must demonstrate that the mistake was unreasonable.
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The requirement of proving that value of factum can be reclaimed is part of the conditions for payment made under protest.
The requirement of proving that value of factum can be reclaimed is part of the conditions for payment made under protest.
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Interest accrued on money payment can always be reclaimed regardless of the circumstances.
Interest accrued on money payment can always be reclaimed regardless of the circumstances.
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An owner of an immovable can recover materials used to build on their land only if severed.
An owner of an immovable can recover materials used to build on their land only if severed.
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A bona fide possessor can institute an action for everyday repairs under Roman-Dutch Law.
A bona fide possessor can institute an action for everyday repairs under Roman-Dutch Law.
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The right of repudiation allows a party to rescind a claim after counter-performance.
The right of repudiation allows a party to rescind a claim after counter-performance.
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Under Roman Law, a bona fide possessor can use the condictio sine causa specialis to assert a claim.
Under Roman Law, a bona fide possessor can use the condictio sine causa specialis to assert a claim.
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In Roman-Dutch law, contracts are considered real and require formalities to be valid.
In Roman-Dutch law, contracts are considered real and require formalities to be valid.
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Mala fide possessors have the right to vindicate their materials after severance.
Mala fide possessors have the right to vindicate their materials after severance.
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A resolutive condition permits the return of an object to the original owner if fulfilled.
A resolutive condition permits the return of an object to the original owner if fulfilled.
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In South African Law, a bona fide possessor loses ownership through accession.
In South African Law, a bona fide possessor loses ownership through accession.
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In case of unjustified enrichment, the original owner retains the right to ownership.
In case of unjustified enrichment, the original owner retains the right to ownership.
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Interest is not due on unrecovered money in Roman law.
Interest is not due on unrecovered money in Roman law.
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In the context of improvements, defendants are entitled to compensation for luxury enhancements.
In the context of improvements, defendants are entitled to compensation for luxury enhancements.
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Lessees can remove necessary improvements without consent from the lessor.
Lessees can remove necessary improvements without consent from the lessor.
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A claim for impensae voluptuariae under Roman-Dutch Law is not possible if the removal of fixtures damages the land.
A claim for impensae voluptuariae under Roman-Dutch Law is not possible if the removal of fixtures damages the land.
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A suspensive condition means that the condition has not yet been fulfilled.
A suspensive condition means that the condition has not yet been fulfilled.
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No claim can be made to recover the value of a factum in SA law.
No claim can be made to recover the value of a factum in SA law.
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Under Roman Law, the owner of the main article acquires ownership upon its detachment.
Under Roman Law, the owner of the main article acquires ownership upon its detachment.
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Cancellation of a contract can occur without a breach by one party in Roman-Dutch law.
Cancellation of a contract can occur without a breach by one party in Roman-Dutch law.
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A building constructed on a landowner's property using their materials can be reclaimed by the builder without any compensation.
A building constructed on a landowner's property using their materials can be reclaimed by the builder without any compensation.
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Only the condictio sine causa specialis applies in Roman law when certain conditions do not exist.
Only the condictio sine causa specialis applies in Roman law when certain conditions do not exist.
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In South African law, a countermanded cheque can be seen as a case of ownership being transferred sine causa.
In South African law, a countermanded cheque can be seen as a case of ownership being transferred sine causa.
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Under Roman-Dutch law, the negotium requirement completely disappears in the context of condictio sine causa.
Under Roman-Dutch law, the negotium requirement completely disappears in the context of condictio sine causa.
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The general condictio can be used only if one of the three previous conditions has been instituted.
The general condictio can be used only if one of the three previous conditions has been instituted.
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In the case of a bona fide possessor, they can only claim profit from the original owner.
In the case of a bona fide possessor, they can only claim profit from the original owner.
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In Roman Law, the dominus is not obligated to compensate the gestor for expenses.
In Roman Law, the dominus is not obligated to compensate the gestor for expenses.
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Roman-Dutch Law allows a gestor to be compensated even if their actions go against a dominus's prohibition.
Roman-Dutch Law allows a gestor to be compensated even if their actions go against a dominus's prohibition.
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Under South African Law, a gestor must act in a reasonable manner without the intention of making a gift.
Under South African Law, a gestor must act in a reasonable manner without the intention of making a gift.
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In the context of negotiorum gestio, a gestor recovers all reasonable expenses at the time of the improvement.
In the context of negotiorum gestio, a gestor recovers all reasonable expenses at the time of the improvement.
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In Roman-Dutch law, a third party can benefit from enriching the dominus directly.
In Roman-Dutch law, a third party can benefit from enriching the dominus directly.
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Compensation for enrichment is affected by the fact that the improvement has been destroyed or diminished in value.
Compensation for enrichment is affected by the fact that the improvement has been destroyed or diminished in value.
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A gestor under SA Law is allowed to act without the intent to benefit the dominus.
A gestor under SA Law is allowed to act without the intent to benefit the dominus.
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Negotiorum gestio remains unaffected by whether the improvement was destroyed or diminished in value.
Negotiorum gestio remains unaffected by whether the improvement was destroyed or diminished in value.
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Study Notes
Contract Illegal
- Agreement void owing to illegality of agreement
- In terms of common law subject matter of contract, its object or conclusion is contra bonos mores
- Prohibited expressly or by necessary implication by statute
- Objective criterion
Roman Law
- A pays B money in terms of invalid transaction. A could claim
- Requirements:
- Transfer of property i.t.o. illegal agreement (prohibited by law)
- Plaintiff himself not a turpis persona (shameful)
- If both parties in turpitud0 – no claim, since the par delicum rule – later relaxed. Could claim if conduct's less disgraceful than defendant's.
- Claim:
- Property delivered + fixtures + fruits minus necessariae + impensa utiles
- Right to remove impensae voluptariae
- Interest drawn not reclaimed
- Value of facutm not claimed
- Undeveloped
Roman-Dutch Law
- No essential difference
- Par delicum rule strictly applied
SA Law
- No causa because underlying agreement is void.
- Requirements:
- Perform i.t.o. illegal agreement
- Other party enriched (who was impoverished)
- Tender performance made to return plaintiff
- Plaintiff not turpis persona or good reason not to apply par delicum rule strictly.
- Turpis persona – tested subjectively. Actual knowledge of illegality required.
- Plaintiff need not tender to return what he received if defendant would have been precluded from claiming by the par delicum rule.
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Description
Explore the principles of contract law regarding agreements rendered void due to illegality. This quiz covers aspects from common law, Roman law, and South African law, providing a comprehensive overview of how illegality affects contractual obligations and claims.
