Business Law test 1 2024 august.docx

Stare decisis: decision must stand. This legal principle means that courts should follow precedents set in previous cases when making rulings. 3 types of superior courts in South Africa: - **Constitutional Court** - **The Supreme Court of Appeal** - **High Courts** Define the Term 'Law':...

Stare decisis: decision must stand. This legal principle means that courts should follow precedents set in previous cases when making rulings. 3 types of superior courts in South Africa: - **Constitutional Court** - **The Supreme Court of Appeal** - **High Courts** Define the Term 'Law': Law is a set of rules made by the state or government to order the way in which the people in a society behave. Primary sources of south African Law: (original Sources) - ***Legislation*** - ***The Constitution Of the Republic of South Africa 1996*** - ***Common Law*** - ***Customary Law*** - ***Judicial Precedent (Stare Decisis/case law)*** - Foreign Law - International Law and trade practices and customs. Secondary Sources of law: (what has been written about the primary sources of law) - Academic textbooks - Journals Explain the **meaning of Delict**: is a wrongful and blameworthy act or omission that causes harm or loss to another person, giving rise to a legal obligation for the wrongdoer to compensate the injured party. To reach **Majority** is to become a major usually when you turn 18. 'Restitutio in Integrum'- means Restitution. (referring to the act of restoring or returning something to its rightful owner or compensating for loss or injury) A ***voidable contract*** is a valid contract but may be affirmed or reject at the option of one of the parties. **Sequestrated**: when the court has declared that one's liabilities has exceeded ones assets and facilitates the just and equitable distribution of ones assets to ones creditors. **Antenuptial**: 'Before Marriage' 'Act' In terms of Delict: refers to any voluntary human conduct that can lead to legal liability if it causes harm or loss to another person. **Unjustified Enrichment**: a person cannot be enriched at the expense of another. There must be a legal basis. Requirements for the foundation of a valid contract: - The contract must be written down - Contractual capacity - The contract must be registered at the deeds office - The contract must be signed in front of a notary of public **Notary of Public**: is a legally authorized official who serves as an impartial witness to the signing of important documents and performs a variety of administrative tasks. **2 transactions that may not be performed using email or the internet:** **List two types of transaction that are commonly performed using the internet:** - Online Banking and Financial Transactions. - E-commerce Transactions **Difference between Natural and Juristic persons.** **Natural person:** All human beings are referred to as natural persons and are thus legal subjects. **Juristic person:** Certain associations of natural persons such as companies or universities. **Public Law**: is the law that governs the relationship between the government and its citizens. - *Constitutional law* - *Criminal Law* - *Administrative law* **Private Law:** also called civil law, deals mainly with the legal relationships between private individuals. - *Mercantile law* - *The law of obligations* - *The law of property* - *Family law* - *The law of succession* In a **small claims** court juristic persons may not sue as it is a minor court. *But they can be sued. Only natural persons may sue in a small claims court.* Small claims court only makes provision for natural persons to sue. Criminal law cases are **[not]** proven on a balance of probabilities, the burden of proof is beyond a reasonable doubt. *In civil cases must be proven on a balance of probabilities.* **Foreign law** refers to national law followed in other countries, legal system of another country. The law that is used in other countries is referred to as foreign law. **Primary sources of law** are binding and are the sources of law where judges, lawyers, and students search for law. *They are direct sources of law and must be followed by courts and people.* **An appeal** will **[not]** be granted when the presiding officer was biased. *The presiding officer being bias is an irregularity and the correct procedure will be a review rather than an appeal.* An **Appeal** is Whether or not a decision is correct is when an appeal will be granted. Grounds for a **Review** is when there is bias from the presiding officer. **High court** does not have a maximum sentence, it has the power to issue any length of sentence is desires. *In the district magistrates court the max sentence is 3 years per offence.* **The legislatures'** role is to make the law not implement them. *It is the courts that are responsible for implementing the laws.* **The short title of the Act** is the formal name of the act and can be referred to as such. What is the **preamble**: **Teleological interpretation**: courts are required to look for the meaning behind the interpretation, usually the long title and the preamble will assist with this*. Involves looking at the deeper meaning of the legislation.* **The constitution is the highest law of the land (Supreme):** means that it is the highest law and any other law that conflicts with it could be deemed invalid. - Pre 1994 the parliament was sovereign: parliamentary sovereignty and was the highest law of the land. **Judicial Precedent: (Stare decisis) ratio decendendi** which refers to the reason or rationale for the courts decision, *what laws was the decision based on. What rule did the court use to make their decision.* **Minors have limited contractual capacity unless** with the permission of a legal guardian if not any contract will be void. **Over 18** the person is a major and has contractual capacity. **Acceptance theories of interpretation:** **The information theory:** states that the contract is formed when and where the offeror reads the letter of acceptance**.** **The expedition theory:** suggests that the contract come into existence when and where the letter of acceptance is posted. *(if it is authorized to have the letter of acceptance sent by post)*