Legally Binding Agreements Beyond Contracts Quiz

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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 Signup and view all the answers

Explain the concept of 'consensus' in relation to valid contracts.

Parties must agree on all material aspects of their agreement Signup and view all the answers

What is the exception for contracts entered into by organs of state according to the text?

Public interest Signup and view all the answers

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 Signup and view all the answers

Explain the concept of 'Possibility' in relation to a contract.

The obligations undertaken must be capable of performance when the agreement is entered into. Signup and view all the answers

What does 'Reciprocity' refer to in a contract?

One party's performance is promised in exchange for the other party's performance. Signup and view all the answers

Define 'Juristic act' and its importance in a contract.

An act which the law attaches the consequences intended by the parties. Signup and view all the answers

What does it mean for a contract to be 'Consensual'?

It is based on an agreement of some sort. Signup and view all the answers

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. Signup and view all the answers

What is the nature of the right created by a contractual obligation?

Personal right Signup and view all the answers

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. Signup and view all the answers

What are the different events that can give rise to a contractual obligation?

Agreement to make wrongful conduct, unjustified shift of obligation, enrichment, delict. Signup and view all the answers

Explain the content of obligation in terms of promised performance.

To make promised performance. Signup and view all the answers

What are the nature of remedies for non-performance in contractual obligations?

Actual performance, compensation, or compensation for harm caused. Signup and view all the answers

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. Signup and view all the answers

What is SA's approach to contract law?

Actual subjective & apparent objective Signup and view all the answers

Who has the onus to prove the existence of a contract?

He who alleges Signup and view all the answers

What is the basis of a contract according to the Will theory?

Nature agreement a Consensus: Concurring wills Signup and view all the answers

What is the effect of mistake on a contract?

Contract fails if mistake is unreasonable Signup and view all the answers

What is the cornerstone that emphasizes party autonomy in contracts?

Freedom of contract Signup and view all the answers

What principle dictates that contracts should be honored and enforced by courts?

Sanctity of contract (Pacta sunt servanda) Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What is an offer in a contract?

A proposal to contract made by the offeror, declaring intention to conclude a contract. Signup and view all the answers

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. Signup and view all the answers

What are the requirements for a valid offer in a contract?

<ol> <li>The offer must be firm. 2. The offer must be complete. 3. The offer must be clear and certain.</li> </ol> Signup and view all the answers

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. Signup and view all the answers

Can an offeror withdraw an offer in a contract?

Yes, an offeror can withdraw an offer unless it is subject to an option. Signup and view all the answers

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). Signup and view all the answers

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. Signup and view all the answers

What is the key requirement for consensus in a contract?

The minds of the parties must meet on all material aspects of their agreement. Signup and view all the answers

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. Signup and view all the answers

What is the analytical tool used to establish consensus in a contract?

Offer and acceptance. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What is the requirement for producers when providing a notice, document, or visual representation to a consumer?

Produce, provide, or display in plain language. Signup and view all the answers

How is 'plain language' defined in the context of the Consumer Protection Act?

Reasonable for an ordinary consumer to understand without undue effort. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What is required for a contract to be formed according to the court's decision in the text?

Consensus of two minds Signup and view all the answers

How can an offeror prescribe the method of acceptance in a contract?

In any form they see fit Signup and view all the answers

Under the Declaration theory of acceptance, when does a contract come into being?

When the offeree expresses acceptance Signup and view all the answers

In the Expedition theory of acceptance, when does a contract come into being?

When the letter of acceptance is posted Signup and view all the answers

According to the Reception theory of acceptance, when does a contract come into being?

When the letter of acceptance is received Signup and view all the answers

What is the significance of 'two minds coming together' in the context of contract formation?

Contract requires consensus of two minds Signup and view all the answers

What does an advertisement constitute according to the case of Crawley v Rex?

An invitation to do business rather than an offer. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What is the significance of the impression created by a statement in contract law?

It determines whether the statement constitutes an offer. Signup and view all the answers

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. Signup and view all the answers