Legal Concepts in Contract Law
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Legal Concepts in Contract Law

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What is the right of repudiation in Roman law?

  • The right to demand compensation for improvements
  • The right to reclaim the value of factum
  • The right to terminate a contract based on a breach
  • The right to rescind a claim before counter-performance (correct)

    • In Roman-Dutch law, all contracts are classified as real contracts.

    False

    What is the main difference in a resolved condition under SA Law?

    A resolved condition ends the obligation once fulfilled.

    In cases of breach of contract, a party may _____ the contract.

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

    Match the following terms to their definitions:

    <p>Ius poenitentiae = Right to rescind a claim before counter-performance Resolutive condition = Dissolution of contract upon uncertain event Doli = Refusal to restore until compensated Do ut des = Reciprocal obligation of giving</p> Signup and view all the answers

    Which principle highlights the reciprocal obligations in Roman-Dutch contracts?

    <p>Do ut des/Do ut facias</p> Signup and view all the answers

    Luxury improvements can be compensated for under Roman law.

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

    What does the assumption not fulfilled imply in the context of a contract?

    <p>It implies that the contract is void if the underlying assumption is false.</p> Signup and view all the answers

    Interest on unrecovered money is _____ in Roman law.

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

    What must occur for a resolutive condition in a contract to be fulfilled?

    <p>An uncertain future event must occur</p> Signup and view all the answers

    Which of the following best defines condictio sine causa specialis?

    <p>It is used only when no other conditions apply.</p> Signup and view all the answers

    In Roman law, condictio sine causa specialis and condictio sine causa generalis are the same.

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

    What happens if performance is due but the causa for performance has fallen away?

    <p>Condictio ob causam finitam.</p> Signup and view all the answers

    In South African law, ownership can be transferred _____ where no other conditions apply.

    <p>sine causa</p> Signup and view all the answers

    Match the legal principle with its description:

    <p>Condictio sine causa specialis = Applied only when no other conditions apply. Condictio sine causa generalis = Alternative to previously mentioned conditions. Bona fide possessor's action = Designated as a utilis action. Ex causa onerosa = Enrichment from profit of the thing.</p> Signup and view all the answers

    In which case was condictio sine causa specialis referenced in South African law?

    <p>Govender v Std Bank of SA</p> Signup and view all the answers

    A deliverable thing given to B under a false supposition can be recovered.

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

    What is the term for when the value of a factum is not claimed in Roman-Dutch law?

    <p>Negotium requirement disappears.</p> Signup and view all the answers

    In Roman law, if a thing is used up, the owner can claim _____ of the goods.

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

    Which condition is NOT applicable under condictio sine causa specialis?

    <p>Ownership transferred with causa</p> Signup and view all the answers

    What is the primary obligation of the dominus towards the gestor under Roman Law?

    <p>To compensate for expenses</p> Signup and view all the answers

    A gestor is automatically entitled to compensation under Roman-Dutch Law regardless of the actions taken.

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

    What is negotiorum gestio?

    <p>The act of managing another person's affairs.</p> Signup and view all the answers

    In South African law, a gestor must act ______ in the interests of the dominus.

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

    Match the following legal principles with their descriptions:

    <p>Negotiorum Gestio = Act of managing another's affairs Compensation in Enrichment = Recover the lesser amount between impoverished or enriched SA Law Requirement = Must perform without instruction Roman-Dutch Law = No compensation if actions contradict prohibitions</p> Signup and view all the answers

    Under SA Law, which of the following is NOT a requirement for a gestor to manage effectively?

    <p>Intention to gift</p> Signup and view all the answers

    Under Roman-Dutch Law, a gestor may recover expenses even if the dominus did not benefit.

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

    What is required for a compensation claim related to enrichment?

    <p>The improvement must still exist.</p> Signup and view all the answers

    Under Roman Law, if a gestor acts negligently, the dominus has a right to an ______.

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

    Which statement best describes the relationship of a gestor's actions in SA Law?

    <p>The gestor must balance their interests with the <em>dominus's</em> interests.</p> Signup and view all the answers

    Study Notes

    Condictio Causa Data Causa Non Secuta

    • Purpose: Used to reclaim money and things in specific legal cases.
    • Right of Repudiation (ius poenitentiae): The right to rescind a claim before counter-performance.
    • Breach of Contract: If one party fails to fulfill their obligations, the other party can make a counter-claim and rescind the contract with a resolutive condition.
    • Resolutive Condition: A condition that dissolves the contract upon the occurrence of a specified uncertain future event.
    • Content of Claim: Includes delivered items, fixtures, fruits, or payment for these items.
    • Interest on Money: Interest is due on unrecovered money.
    • Compensation for Improvements: The defendant is entitled to compensation for necessary and useful improvements.
    • Removal of Luxury Improvements: Luxury improvements can be removed.
    • No Compensation for Improvements: No compensation is due for improvements for the defendant.
    • Exception Doli: Refusal to restore until compensated.
    • No Claim to Reclaim Value (factum): No claim to recover the value of factum.

    Roman-Dutch Law

    • Contract Type: All contracts are consensual, meaning they are not real.
    • Contract Formation: Contracts are established in cases of consent.
    • Do ut des/Do ut facias: Contracts follow the principle of "do ut des" (I give so that you give) and "do ut facias" (I give so that you do).
    • Breach of Contract: Cancellation of the agreement is possible if there's a breach by one party.
    • Resolutive condition: Fulfillment of a resolutive condition permits the return of the object to the original owner; the right to reclaim performance before counter-performance disappears.
    • Other: A change of mind can trigger cancellation.

    SA Law

    • Uncertainty: The transfer of a thing and performance based purely on an uncertain future event.
    • Claim: Claim can be made if the object is delivered to the defendant based on a resolutive condition (which is fulfilled).
    • Resolutive Condition (fulfilled): A fulfilled condition ends the obligation.
    • Suspensive Condition (not fulfilled): A condition that hasn't been fulfilled.
    • Modus Disregarded: The conditions attached to a contract are disregarded.
    • Assumption Not Fulfilled: If the assumption underlying the contract proves false.

    UNIT 7 CONDICTIO SINE CAUSA SPECIALIS

    • General Principles: Only applied when no other conditions apply; In Roman law, there's a distinction between condictio sine causa specialis and condictio sine causa generalis.
    • General Condictio: An alternative to the three previous conditions, it can be used in place of any of them if one of them could have been instituted. The formula is less complicated.

    Instrument Comparison

    • Gestor: Someone who manages another person's affairs.
    • Negotiorum Gestio: Act of managing another's affairs.
    • Enrichment: Gaining from actions.

    Roman Law

    • Dominus: The person whose affairs are managed.
    • Compensation for Gestor: The dominus is obligated to compensate the gestor for expenses.
    • Accounting to Dominus: The dominus has a right to an accounting for owed amounts and damages from negligence.
    • Gestor's Action: The gestor acts in the interest of the dominus.

    Roman-Dutch Law

    • Differences from Roman Law: Few differences from Roman Law.
    • Gestor's Prohibition: A gestor will not be compensated if their action goes against a dominus's prohibition.
    • Bona Fide Management: Roman-Dutch law denies action where a gestor is managing another person's affairs believing they're managing their own (bona fide).
    • Compensation for Improvements: A granted action to compensate the person or party who has improved another person's land whether done in good or bad faith (bona fide and mala fide), includes indirect enrichment.
    • Third Party Enrichment: This expanded to contracts with a third party benefiting from a contract which the party who performs the contract doesn't benefit from.
    • Third Party vs. Enriched Party: A third party is allowed to directly go against the enriched party, but third parties aren't allowed to benefit from enriching the dominus.

    SA Law

    • Reasonable Gestor Action: A person acting for another's benefit must do so in a reasonable manner without intending to gift.
    • Requirements for True Management by a Gestor:
      • Gestor must perform without instruction.
      • Must act reasonably.
      • Must have intent to act in the dominus's interests.
      • Must not have acted free of charge.
      • May not act against the dominus's prohibitions.
      • Expenses are covered even if the dominus did not benefit.

    Differences Between Negotiorum Gestio and Enrichment

    • Compensation:
      • Negotiorum Gestio: Gestor recovers all reasonable expenses at the time of expenditure.
      • Enrichment: Recovers the lesser of impoverished or enriched amounts at the time of the improvement; This only applies if the improvement still exists.
    • Diminished Value or Destroyed Improvements:
      • Negotiorum Gestio: Unaffected by the fact the improvement was destroyed or diminished in value.
      • Enrichment: Diminished value or destroyed improvements affect the impoverished party claim.

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    Description

    Explore the key principles of contract law, including the rights of repudiation and breach of contract. This quiz covers the details of resolving conditions, content of claims, and necessary compensation for improvements. Test your knowledge on how legal frameworks address monetary claims and performance obligations.

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