Introduction to Legal Theory
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Introduction to Legal Theory

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Questions and Answers

What determines the rights persons can have with respect to property?

  • Contracts and delicts
  • Successions
  • Movable and immovable property (correct)
  • Ownership

    • What is the name of the law reports published by Juta that includes leading judgments from all South African superior courts?

  • South African Criminal Law Reports
  • Industrial Law Journal
  • All South African Law Reports
  • South African Law Reports (correct)

    • The law of obligations mainly concerns relationships that arise purely from social interactions.

    False

    Public law only governs private disputes between individuals.

    <p>False</p> Signup and view all the answers

    What are the two categories of succession?

    <p>Testate succession and intestate succession</p> Signup and view all the answers

    Name one of the specialized law report series published by Butterworths.

    <p>Butterworths Constitutional Law Reports</p> Signup and view all the answers

    Mercantile law is also known as _____ law.

    <p>commercial</p> Signup and view all the answers

    International law pertains to relations among the __________ of the world.

    <p>countries</p> Signup and view all the answers

    Which of the following is NOT a branch of mercantile law?

    <p>Law of succession</p> Signup and view all the answers

    Which of the following best describes private law?

    <p>Law governing rights and obligations between individuals</p> Signup and view all the answers

    Match the following areas of law with their focus:

    <p>Law of Family = Marriage and divorce Law of Intellectual Property = Human intellect such as inventions Law of Personality = Personal rights like dignity and privacy Environmental Law = Protection of the natural environment</p> Signup and view all the answers

    Match the following publishers with their corresponding law report series:

    <p>Juta = Industrial Law Journal Butterworths = Butterworths Labour Law Reports</p> Signup and view all the answers

    Cyber law is an emerging area of law that deals specifically with online transactions.

    <p>True</p> Signup and view all the answers

    Provide examples of two disciplines of law not explicitly mentioned in other branches.

    <p>Social welfare law and forensic medicine</p> Signup and view all the answers

    What are the two main divisions of South African law?

    <p>Public law and private law</p> Signup and view all the answers

    National law is the legal system that governs international relations.

    <p>False</p> Signup and view all the answers

    What is the primary objective of Part A of the module on construction law?

    <p>To understand theoretical concepts of construction law in the built environment</p> Signup and view all the answers

    Construction law only pertains to legal matters concerning contracts in the construction industry.

    <p>False</p> Signup and view all the answers

    Name one of the recommended reading texts for the module.

    <p>Construction contract law.</p> Signup and view all the answers

    The study of construction law is important for both lawyers and ________ professionals.

    <p>construction</p> Signup and view all the answers

    Match the following authors to their corresponding texts:

    <p>Adriaanse, J. = Construction contract law Knowles, R. = 200 Contractual problems and their solutions Mckenzie, H.S. = The law of building and engineering contracts and arbitration Uff, J. = Construction Law</p> Signup and view all the answers

    Which doctrine is associated with the South African court structure?

    <p>Stare decisis</p> Signup and view all the answers

    The JBCC Guide on Completion and Payment is available for purchase only.

    <p>False</p> Signup and view all the answers

    What is an essential part of construction law as per the module's aim?

    <p>Understanding the legal requirements through which the construction industry operates.</p> Signup and view all the answers

    What is the primary characteristic of a condition in a contract?

    <p>It depends on an uncertain future event.</p> Signup and view all the answers

    A suspensive condition only applies to obligations that are immediately enforceable.

    <p>False</p> Signup and view all the answers

    What is a condition precedent in a contract?

    <p>A condition that must occur before an obligation arises.</p> Signup and view all the answers

    A ________ condition suspends the operation of an obligation until a specified future event takes place.

    <p>suspensive</p> Signup and view all the answers

    Match the following categories of conditions with their descriptions:

    <p>Condition precedent = Obligation depends on a future uncertain event occurring. Suspensive condition = Obligation is postponed pending a specified event. Condition subsequent = Obligation can be altered or terminated due to a future event. Condition general = A broad category not specific to one type of event.</p> Signup and view all the answers

    What is the primary purpose of the damages awarded to a successful claimant?

    <p>To compensate for the real loss suffered</p> Signup and view all the answers

    An injunction requires a defendant to cease wrongful conduct only if it is proven by the plaintiff.

    <p>True</p> Signup and view all the answers

    What must a plaintiff prove in a delictual liability claim?

    <p>That all elements of delictual liability are satisfied.</p> Signup and view all the answers

    The right not to be injured in one’s person as a result of negligence exists ______ of any contract between the parties.

    <p>independently</p> Signup and view all the answers

    Which of the following is NOT a type of contract form mentioned?

    <p>TCCC</p> Signup and view all the answers

    Only one action for damages may generally be brought in a claim.

    <p>True</p> Signup and view all the answers

    What is the purpose of the Standard for Uniformity in construction procurement?

    <p>To standardize contracting processes in construction projects.</p> Signup and view all the answers

    Match the following contract forms with their descriptions:

    <p>JBCC = Joint Building Contracts Committee GCC = General Conditions of Contract FIDIC = International Federation of Consulting Engineers NEC = New Engineering Contract</p> Signup and view all the answers

    Study Notes

    Property Rights

    • Factors like ownership, possession, use, and disposal determine individual property rights.

    Law Reports

    • Juta publishes the South African Law Reports (SALR) which includes leading judgments from all South African superior courts.

    Law of Obligations

    • The law of obligations primarily focuses on relationships stemming from agreements, contracts, and legal duties.

    Public Law vs. Private Law

    • Public law regulates the relationship between the state and individuals, and between state entities.
    • Private law governs disputes between individuals, like contract disputes or property matters.

    Succession

    • The two categories of succession are testate (with a will) and intestate (without a will).

    Law Report Series

    • Butterworths publishes All South African Law Reports (All SA) a specialized law report series.

    Mercantile Law

    • Mercantile law is also known as commercial law.

    International Law

    • International law governs the relationships among the states of the world.

    Branches of Mercantile Law

    • Insurance law is not a branch of mercantile law.

    Private Law Definition

    • Private law deals with the legal relationships between individuals and legal entities.

    Areas of Law and their Focus

    • Contract law governs agreements between parties.
    • Delict (also known as tort) deals with civil wrongs.
    • Property law covers ownership and rights related to property.
    • Succession law determines how assets are distributed after death.

    Publishers and Law Reports

    • Juta publishes SALR.
    • Butterworths publishes All SA.

    Cyber Law

    • Cyber law addresses legal issues related to online transactions, privacy, and intellectual property in the digital world.

    Disciplines of Law

    • Two examples of disciplines not explicitly mentioned are Environmental law, which focuses on the interaction between humans and the environment, and Family law, which covers matters like marriage, divorce, and child custody.

    South African Law

    • South African law primarily consists of Roman-Dutch law and English law.

    National Law

    • National law refers to the legal system within a country, not international relations.

    Construction Law: Part A

    • The primary objective of Part A of the construction law module is to introduce the fundamentals of legal principles applicable to the construction industry.

    Construction Law Scope

    • Construction law encompasses legal matters broader than just contracts. It includes other areas like property rights, environmental law, and regulatory compliance.

    Construction Law Reading Text

    • Sack's Construction Law is a recommended reading text for the module.

    Construction Law Importance

    • Construction law is important for both lawyers and construction professionals.

    Authors and Texts

    • G.L. Hodes is the author of Sack's Construction Law.
    • J.B.C.C. is the author of The JBCC Guide on Completion and Payment.

    South African Court Structure

    • The South African court structure is based on the Doctrine of precedent (also known as stare decisis).

    JBCC Guide Availability

    • The JBCC Guide on Completion and Payment can be purchased from the JBCC.

    Essential Part of Construction Law

    • Contract law is an essential part of construction law focusing on agreements between parties.

    Condition in a Contract

    • A condition in a contract is a term that suspends the full operation of the agreement until a specific event occurs.

    Suspensive Condition

    • Suspensive conditions apply to obligations that are not immediately enforceable until the condition is met.

    Condition Precedent

    • A condition precedent in a contract is an event that must occur before the contract becomes fully enforceable.

    Types of Conditions

    • Suspensive conditions: Suspend the operation of obligations until a certain event takes place.
    • Resolutory conditions: Bring an obligation to an end upon the occurrence of a specific event.

    Purpose of Damages

    • Damages are awarded to a successful claimant to compensate them for losses suffered due to a breach of contract or a delictual act.

    Injunction

    • An injunction is a court order requiring a defendant to stop wrongful conduct. It is not limited to actions proven by the plaintiff.

    Delictual Liability Claim

    • In a delictual liability claim, the plaintiff must prove fault, harm, and the causal link between the defendant's conduct and the harm suffered.

    Right to Personal Safety

    • The right to personal safety exists independent of any contract between the parties.

    Types of Contract Forms

    • Bespoke contract forms are not explicitly mentioned as a type of contract form.

    Action for Damages

    • While multiple actions for damages may be brought in a claim, only one successful action for damages can be awarded.

    Standard for Uniformity

    • The Standard for Uniformity in construction procurement aims to harmonize construction procurement procedures across different projects.

    Contract Forms

    • JBCC contract forms are typically used in the construction industry in South Africa.
    • NEC (New Engineering Contract) forms are internationally recognized and used in various industries including construction.
    • FIDIC (International Federation of Consulting Engineers) forms are used for international construction projects.
    • GCC (General Conditions of Contract) forms are used for specific types of construction projects like civil engineering.

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