59 Questions
What is the primary goal of marriage according to the text?
Not to create obligations
How are legally binding agreements that are more than just contracts described in the text?
Agreements that create obligations but cannot be treated as mere contracts
What does sui generis mean in the context of marriage?
Unique in nature
What is the requirement of 'capacity' in a valid contract?
Parties must have the necessary capacity to contract
Explain the concept of 'consensus' in relation to valid contracts.
Parties must agree on all material aspects of their agreement
What is the exception for contracts entered into by organs of state according to the text?
Public interest
What are the six essential elements that must be present for a contract to be valid?
Offer, Acceptance, Intention to create legal relations, Consideration, Legality, Certainty
Explain the concept of 'Possibility' in relation to a contract.
The obligations undertaken must be capable of performance when the agreement is entered into.
What does 'Reciprocity' refer to in a contract?
One party's performance is promised in exchange for the other party's performance.
Define 'Juristic act' and its importance in a contract.
An act which the law attaches the consequences intended by the parties.
What does it mean for a contract to be 'Consensual'?
It is based on an agreement of some sort.
Explain the term 'Obligation' in the context of a contract.
A legal bond between the debtor and creditor, obliging the debtor to give, do, or refrain from doing something.
What is the nature of the right created by a contractual obligation?
Personal right
Distinguish between a civil obligation and a natural obligation.
Civil obligation is enforceable through legal action, while a natural obligation is not enforceable by the law.
What are the different events that can give rise to a contractual obligation?
Agreement to make wrongful conduct, unjustified shift of obligation, enrichment, delict.
Explain the content of obligation in terms of promised performance.
To make promised performance.
What are the nature of remedies for non-performance in contractual obligations?
Actual performance, compensation, or compensation for harm caused.
In the context of contract and property law, what are examples of corporeal and incorporeal things?
Corporeal things: Car, House, TV set. Incorporeal things: Patent, Trademark, copyrights.
What is SA's approach to contract law?
Actual subjective & apparent objective
Who has the onus to prove the existence of a contract?
He who alleges
What is the basis of a contract according to the Will theory?
Nature agreement a Consensus: Concurring wills
What is the effect of mistake on a contract?
Contract fails if mistake is unreasonable
What is the cornerstone that emphasizes party autonomy in contracts?
Freedom of contract
What principle dictates that contracts should be honored and enforced by courts?
Sanctity of contract (Pacta sunt servanda)
Explain the concept of competition of cornerstones in contract law.
Values in competition include sanctity of contract vs. good faith, freedom of contract vs. sanctity of contract, and freedom of contract vs. good faith. The goal is to strike a balance in line with constitutional values.
What is the significance of Standard Form Contracts (SFC) in contract law?
Standard Form Contracts (SFC) represent the freedom of contract with a take-it-or-leave-it approach. The majority of transactions are concluded through SFC, making them convenient and less costly.
Discuss the importance of good faith, equity, and public policy in contracts.
Good faith, equity, and public policy are crucial in ensuring fairness and justice in contractual dealings. They help maintain ethical standards and prevent exploitation.
How does the concept of freedom and sanctity of contract influence contractual relationships?
The concept of freedom and sanctity of contract highlights the balance between the parties' freedom to contract and the importance of upholding contractual obligations. It emphasizes the need to respect agreements while allowing for contractual freedom.
Explain the role of CPA (Consumer Protection Act) in the context of contract law.
The Consumer Protection Act (CPA) introduces consumer-centric regulations to protect the interests of consumers in contractual agreements. It aims to ensure fair practices, transparency, and consumer rights in the marketplace.
What is an offer in a contract?
A proposal to contract made by the offeror, declaring intention to conclude a contract.
What is the legal effect of an offer in a contract?
An offer is a unilateral declaration and does not create binding obligations until accepted. Once accepted, the terms in the offer become binding.
What are the requirements for a valid offer in a contract?
- The offer must be firm. 2. The offer must be complete. 3. The offer must be clear and certain.
When can silence signify agreement in a contract?
Silence can signify agreement only in exceptional circumstances, such as when previous dealings between parties make it reasonable to interpret silence as acceptance.
Can an offeror withdraw an offer in a contract?
Yes, an offeror can withdraw an offer unless it is subject to an option.
What types of offers can be made in a contract?
Offers can be made to a specific person, a group of people, or to the general public (e.g., Rewards).
What distinguishes valid contracts from void and voidable contracts?
Valid contracts comply with prescribed validity requirements and create legally enforceable rights and duties for both parties, while void and voidable contracts do not comply with these requirements and are either non-existent or contain a legal flaw to the disadvantage of one party.
What is the key requirement for consensus in a contract?
The minds of the parties must meet on all material aspects of their agreement.
How are voidable contracts different from void contracts?
Voidable contracts contain a legal flaw to the disadvantage of one party but remain in effect until that party seeks to declare it void, whereas void contracts are non-existent and not legally enforceable.
What is the analytical tool used to establish consensus in a contract?
Offer and acceptance.
What is the primary factor that determines the validity of a contract?
The intention of the contracting parties to be bound to each other and the intentional agreement on all terms of the contract.
When can a voidable contract be set aside by a party?
A voidable contract can be set aside when a party seeks to declare it void due to a legal flaw disadvantageous to them.
What is the requirement for producers when providing a notice, document, or visual representation to a consumer?
Produce, provide, or display in plain language.
How is 'plain language' defined in the context of the Consumer Protection Act?
Reasonable for an ordinary consumer to understand without undue effort.
In terms of the Consumer Protection Act, what must producers do if no specific form is prescribed for a notice, document, or visual representation?
Present it in plain language.
What are the key factors considered in determining if a notice, document, or visual representation is in plain language?
Context, comprehensiveness, consistency; organization, form, style; vocabulary, sentence structure; use of aids.
What literacy and experience level is expected from an ordinary consumer for understanding plain language content?
Average literacy skills and minimal experience as a consumer.
How does the Consumer Protection Act ensure that consumers can grasp the content of notices, documents, or visual representations?
By requiring producers to make them understandable without undue effort.
What is required for a contract to be formed according to the court's decision in the text?
Consensus of two minds
How can an offeror prescribe the method of acceptance in a contract?
In any form they see fit
Under the Declaration theory of acceptance, when does a contract come into being?
When the offeree expresses acceptance
In the Expedition theory of acceptance, when does a contract come into being?
When the letter of acceptance is posted
According to the Reception theory of acceptance, when does a contract come into being?
When the letter of acceptance is received
What is the significance of 'two minds coming together' in the context of contract formation?
Contract requires consensus of two minds
What does an advertisement constitute according to the case of Crawley v Rex?
An invitation to do business rather than an offer.
What does the Consumer Protection Act (CPA) prohibit in terms of marketing?
Bait marketing - advertising goods & services at a specified price in a misleading manner.
In the case of Crawley v Rex, why did the court rule that no contract had arisen?
The advertisement was not a binding offer that the customer could accept.
What must a supplier do if they place a limit on the availability of goods according to Section 30(1) of the CPA?
Make those goods or services available to the extent of the expressed limit.
What is the significance of the impression created by a statement in contract law?
It determines whether the statement constitutes an offer.
According to the case of Crawley v Rex, why was the customer not entitled to be in the shop?
Because the advertisement did not constitute a binding offer.
Test your knowledge on legally binding agreements that are not contracts but still create obligations or destroy existing ones. Explore concepts such as marriage as a legally binding agreement that goes beyond a typical contract.
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