Business Law BUSL6222/w Module Outline 2024 PDF

IIE Learn Module Outline BUSL6222/w Business Law BUSL6222/w MODULE OUTLINE 2024...

IIE Learn Module Outline BUSL6222/w Business Law BUSL6222/w MODULE OUTLINE 2024 (First Edition: 2016) This guide enjoys copyright under the Berne Convention. In terms of the Copyright Act, no 98 of 1978, no part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any other information storage and retrieval system without permission in writing from the proprietor. The Independent Institute of Education (Pty) Ltd is registered with the Department of Higher Education and Training as a private higher education institution under the Higher Education Act, 1997 (reg. no. 2007/HE07/002). Company registration number: 1987/004754/07. © The Independent Institute of Education (Pty) Ltd 2018 Page 1 of 39 IIE Learn Module Outline BUSL6222/w Table of Contents Introduction.................................................................................................................................. 3 Using this Module Outline........................................................................................................... 4 This Module on Learn................................................................................................................... 5 Icons Used in this Document and on Learn................................................................................. 6 Module Purpose........................................................................................................................... 8 Module Outcomes........................................................................................................................ 8 Assessments for contact students............................................................................................... 9 Assessments for distance students:........................................................................................... 10 Module Pacer............................................................................................................................ 12 © The Independent Institute of Education (Pty) Ltd 2018 Page 2 of 39 IIE Learn Module Outline BUSL6222/w Introduction In this module, you will be introduced to the South Africa legal system, its origins, history background, structure and methods of interpretation and application thereof. The module will place specific emphasis on the branch of private law known as ‘The Law of Contract’ Learning Unit 1 serves as an introduction to a better understanding of the South African Legal and court systems. The focus of Learning Unit 2 is on the Law of Obligations. Learning Unit 3 introduces you to the Law of Contract. Learning unit 4 onwards to Learning Unit 9 is a journey through the different concepts and terminology that is involved in “The Law of Contract”. In Learning Unit 9 and 10, the focus moves towards the interpretation of the contract as well as the breaching of a contract. In Learning Unit 11, you will look at remedial measures for breach of contract. © The Independent Institute of Education (Pty) Ltd 2018 Page 3 of 39 IIE Learn Module Outline BUSL6222/w Using this Module Outline This module outline has been developed to support your learning. Please note that the content of this module is on Learn as well as in the prescribed material. You will not succeed in this module if you focus on this document alone. This document does not reflect all the content on Learn, the links to different resources, nor the specific instructions for the group and individual activities. Your lecturer will decide when activities are available/open for submission and when these submissions or contributions are due. Ensure that you take note of announcements made during lectures and/or posted within Learn regarding this. © The Independent Institute of Education (Pty) Ltd 2018 Page 4 of 39 IIE Learn Module Outline BUSL6222/w This Module on Learn Learn is an online space designed to support and maximise your learning in an active manner. Its main purpose is to guide and pace you through the module. In addition to the information provided in this document, you will find the following when you access Learn: A Module Pacer; An assessment brief; A list of prescribed material; A variety of additional online resources (articles, videos, audio, interactive graphics, etc.) in each learning unit that will further help to explain theoretical concepts; Critical questions to guide you through the module’s objectives; Collaborative and individual activities (all of which are gradable) with time-on-task estimates to assist you in managing your time around these; Revision questions, or references to revision questions, after each learning unit. Kindly note: Unless you are completing this as a distance module, Learn does not replace your contact time with your lecturers and/or tutors. BUSL6222/w is a Learn module, and as such, you are required to engage extensively with the content on the Learn platform. Effective use of this tool will provide you with opportunities to discuss, debate, and consolidate your understanding of the content presented in this module. You are expected to work through the learning units on Learn in your own time – especially before class. Any contact sessions will, therefore, be used to raise and address any questions or interesting points with your lecturer and not to cover every aspect of this module. Your lecturer will communicate submission dates for specific activities in class and/or on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 5 of 39 IIE Learn Module Outline BUSL6222/w Icons Used in this Document and on Learn The following icons are used in all your modules on Learn: Icon Description A list of what you should be able to do after working through the learning unit. Specific references to sections in the prescribed work. Questions to help you recognise or think about theoretical concepts to be covered. Sections where you get to grapple with the content/theory. This is mainly presented in the form of questions that focus your attention and are aimed at helping you understand the content better. You will be presented with online resources to work through (in addition to the textbook or manual references) and find some of the answers to the questions posed. Opportunities to make connections between different chunks of theory in the module or to real life. Real-life or world-of-work information or examples of the application of theory, using online resources for self-exploration. REMEMBER: You need to log onto Learn to: Access online resources such as articles, interactive graphics, explanations, video clips, etc. which will assist you in mastering the content; and View instructions and submit or post your contributions to individual or group activities, which are managed and tracked on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 6 of 39 IIE Learn Module Outline BUSL6222/w Module Resources Prescribed Material (PM) for Botha, J, Driver, S, Etsebeth, V, Govindjee, A, Holness, D, this Module Katzew, J, Newman, SP, Pillay, K, Schoeman, HC, Shirk, A, Singh, PP, Tait, M and Wagenaar, T. 2023. Commercial Law Fresh Perspectives. 4th Cape Town: Maskew Miller Learning 978-1-485-721239 Recommended Readings, Please note that a number of additional resources and links Digital, and Web Resources to resources are provided throughout this module on the Learn platform. You are encouraged to engage with these as they will assist you in mastering the various objectives of this module. They may also be useful resources for completing any assignments. You will not, however, be assessed under examination conditions on any additional or recommended reading material. Module Overview You will find an overview of this module on Learn under the Module Information link in the Course Menu. Assessments Find more information on this module’s assessments in this document and on the Student Portal. © The Independent Institute of Education (Pty) Ltd 2018 Page 7 of 39 IIE Learn Module Outline BUSL6222/w Module Purpose This module explores legislation applicable to the commercial field and, in particular, compliance thereof and the legal implications of entering into contracts. Module Outcomes MO1 Demonstrate knowledge and understanding of the concepts and principles of business law. MO2 Apply the principles of business law. MO3 Evaluate the elements of business law. © The Independent Institute of Education (Pty) Ltd 2018 Page 8 of 39 IIE Learn Module Outline BUSL6222/w Assessments for contact students Integrated Curriculum Engagement (ICE) Minimum number of ICE activities to complete 4 Weighting towards the final module mark 10% Formatives Written Unseen Test Assignment Weighting 25% 30% Duration 1 hour Approximately 15 hours Total marks 60 100 Open/Closed book Closed book Open book Resources required Prescribed material Additional research required Learning Units LU 1 – 3 (up to and including LU3 – 7 Theme 1 of LU3) Write After LU3 LU7 Summative Written Unseen Examination Weighting 35% Duration 2 hours Total marks 120 Open/Closed book Closed book Resources required Prescribed material Learning Units covered All learning units © The Independent Institute of Education (Pty) Ltd 2018 Page 9 of 39 IIE Learn Module Outline BUSL6222/w Assessments for distance students: Integrated Curriculum Engagement (ICE) Minimum number of ICE activities to complete 4 Weighting towards the final module mark 10% Formatives Assignment 1 Assignment 2 Weighting 25% 30% Duration Approximately 10 hours Approximately 15 hours Total marks 100 100 Open/Closed book Open book Open book Resources required Additional resources required Additional resources required Learning Units LU 1–3 LU 3-7 Write After LU3 LU7 Summative Written Unseen Examination Weighting 35% Duration 2 hours Total marks 120 Learning Units All covered Open/closed book Closed book Resources required Prescribed material © The Independent Institute of Education (Pty) Ltd 2018 Page 10 of 39 IIE Learn Module Outline BUSL6222/w Assessment Preparation Guidelines Format of the Assessment Preparation Hints for all assessments Test (for Tests for this module will assess Ensure that you work through all contact your understanding of the the relevant activities, exercises students only) principles and concepts covered in and revision questions on Learn Learning Units 1, 2 and 3 and will and in your prescribed material. include a series of short, medium In groups or alone, brainstorm and longer-length questions. You possible questions based on the will be expected to both recall and learning outcomes and objectives apply information to given sets of provided. Then, complete these as facts as per your objectives for practice. these learning units. In groups, come up with different Assignments The assignments for this module sets of facts and practise applying will assess your understanding of the relevant legislation/case law to Learning Units 1-3 and then from 3 these; up to 7 (depending on whether you There may also be value in visiting are a contact or a distance student the websites of companies – please check the scope referred to in the examples and in applicable to your mode of study) conducting a search for additional of this module, and will include a news articles, legislation, and/or series of the medium and longer- case law relating to given length questions. You will be scenarios. expected to both recall and apply Use Learn as a workbook to information to given sets of facts progress through the material, as per your objectives for these and then ensure that you study learning units. from the textbook and any other Examination The examination is based on prescribed material. content and objectives from all Make sure that you have learning units of this module and mastered the learning unit will include short, medium and objectives in all relevant learning longer questions. You will be units. If you can confidently expected to both recall and apply respond to all learning unit information to given sets of facts objectives, you should have no as per your objectives for all problem at all in passing your learning units in the examination. assessments. © The Independent Institute of Education (Pty) Ltd 2018 Page 11 of 39 IIE Learn Module Outline BUSL6222/w Module Pacer Code Programme Contact Credits Sessions BUSL6212 BAC1; BAM2; BM2 48 18 BUSL6222 BAA1, BBM2, BCO2, BET2 48 15 BUSL6222w BCO2w, BET2w, BBM2w 12 15 COML6010 DCMM3 36 10 COML6010/d DCM3d 24 10 COML6311 DCO3; DMG3 48 15 COML6311/d DCO3d,DMG3d 24 15 Learning Unit 1 Introduction to the South African Legal System Overview: In essence, law is a social science, as it needs to provide for the changing needs of a developing society. Therefore, the law is inseparably bound up with the society it has to serve. For a thorough understanding of the law, it is essential to have a sound knowledge of not only the society it seeks to serve but also of its history and the factors that led to its origin and development. In this learning unit, we will provide you with a brief introduction to the South African legal system by looking at a short history of the origin and development of South African law, the current South African legal system, the role of the courts in South Africa, the doctrine of stare decisis and the interpretation of statutes. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 – 9 sessions COML6010 – 6 sessions COML6010/d, COML6311/d – 4 sessions BUSL6222/w – 2 sessions Please work through Themes 1, 2 and 3 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please also ensure that you complete the activities on Learn. You may experience that this learning unit and the learning units to follow contain legal terminology and concepts that you may not be familiar with. Therefore, ensure that you are familiar with the way that these are used in this module by referring to the definitions © The Independent Institute of Education (Pty) Ltd 2018 Page 12 of 39 IIE Learn Module Outline BUSL6222/w included in the prescribed readings for this unit. You are encouraged to create your own glossary of key terms for this module as you go along in engaging with this module. © The Independent Institute of Education (Pty) Ltd 2018 Page 13 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 1: Introduction to the South African Legal Notes on this LU System Breakdown of Theme 1: An introduction to the South Chapters 1, 2 and 3 sessions African legal system allocated in the section above Related LO1: Explain the term ‘law’ and what it Outcomes: entails. MO001 LO2: Explain the role of the state in our legal system. LO3: Differentiate between the roles of the three arms of government, namely: The legislature; The executive; and The judiciary. LO4: Briefly differentiate between natural persons and juristic persons as legal subjects. LO5: Explain the historical development of the South African common law LO6: Differentiate between a legal system based on parliamentary sovereignty and one of constitutional supremacy. LO7: Differentiate between the authoritative (primary sources) and persuasive sources (secondary sources) of South African Law. LO8: Describe each source of law Theme 2: The South African court system LO9: Explain the difference between civil and criminal cases with specific reference to: The parties involved; The standard/burden of proof; and The types of sanctions imposed by the courts in each. LO10: Differentiate generally between the superior courts and the inferior courts. © The Independent Institute of Education (Pty) Ltd 2018 Page 14 of 39 IIE Learn Module Outline BUSL6222/w LO11: Discuss the hierarchy of the South African Court system, with a focus on the specific jurisdiction of the different courts in the Republic. LO12: Explain the doctrine of Stare Decisis as it relates to the concept of judicial precedent. LO13: Explain the part of a court judgement known as ratio decidendi as it relates to judicial precedent. Theme 3: Branches of the law and interpretation of statutes LO14: Differentiate between the three branches of the law, namely: International law Foreign law, and South African national law. LO15: Explain the divisions and sub- divisions of South African national law. LO16: Differentiate between trial procedure and application procedure as forms of civil procedure. LO17: Differentiate between appeals and reviews as application procedures. LO18: Explain what it means to interpret a statute (piece of legislation). LO19: Explain each of the theories of statutory interpretation. LO20: Explain the impact of the Constitution on the approaches to statutory interpretation. LO21: Identify the internal aids that a statute generally consists of, namely: The short title The date assented to by the President; The long title or preamble; The definitions section; © The Independent Institute of Education (Pty) Ltd 2018 Page 15 of 39 IIE Learn Module Outline BUSL6222/w The purpose, interpretation and applications of sections; The provisions which set out what the legislature aims to regulate. © The Independent Institute of Education (Pty) Ltd 2018 Page 16 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 2 The Law of Obligations Overview: As we have learned, the South African legal system can be divided into three broad categories, namely public law, private law and private international law. In this learning unit, we will look at the law of obligations, which refers to a legal tie between legal subjects created as a result of a certain legal fact which creates rights and duties that are recognised by law. The sub-division of the law of obligations that we will focus on in this module is the Law of contract. A contract is a legal agreement that involves rights and duties. Contracts often affect the wealth of people and organisations, so a body of law has been developed to regulate how contracts are created and performed, as well as deal with situations where contracts are broken or unlawful. In this learning unit, we will look at basic concepts of contracts in terms of South African contract law, such as the legal requirements for a valid contract. One of the requirements for a valid contract is that all parties involved must have the capacity to perform juristic acts. The capacity to perform juristic acts goes beyond legal capacity, which is the competence to have rights and duties and involves an ability and competence to engage in legal matters and conclude valid contracts. Not everyone has the full capacity to perform juristic acts based on a variety of factors, including age, marital status, mental status and financial status. In this learning unit, we will look at the capacity to perform juristic acts in terms of South African contract law. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 – 10 - 15 COML6010 – 7 - 10 COML6010/d, COML6311/d – 5 - 7 BUSL6222/w –3 © The Independent Institute of Education (Pty) Ltd 2018 Page 17 of 39 IIE Learn Module Outline BUSL6222/w Please work through Themes 1 and 2 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please complete the following activities on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 18 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 2: Breakdown Notes on this LU Breakdown of Theme 1: General principles of the law of Chapter 1 of the prescribed sessions obligations textbook is as follows: allocated in the section above Para 1.3.3 (only in so far as it Related LO1: Differentiate between personal rights is necessary to answer LO1) Outcomes: and real rights. Theme 2: Introduction to the law of Chapter 4 of the prescribed MO001 contract textbook. LO2: List and define the legal requirements for a valid contract. LO3: Explain contractual capacity as a requirement for a valid contract. LO4: Differentiate between minors, majors and juristic persons in respect of their contractual capacity, with specific reference to the following categories of minors: Children under seven years; Minors aged 7 to 18 years; Minors aged 7 to 18 years in an assisted contract in terms of common law; Minors in an unassisted contract in terms of common law. LO5: Explain the legal position of a person contracting with a minor in an unassisted contract in terms of common law. LO6: Differentiate between the contractual capacity of persons married in a community of property and those married out of a community of property. LO7: Establish, from a set of facts, what type of consent a person who is married in a community of property and who enters into a contract needs to obtain from their spouse. LO8: Apply, to a set of facts, the various factors that influence contractual © The Independent Institute of Education (Pty) Ltd 2018 Page 19 of 39 IIE Learn Module Outline BUSL6222/w capacity and indicate the effect on a contract in each instance with specific reference to the following: Drunken persons; and Insolvent persons. © The Independent Institute of Education (Pty) Ltd 2018 Page 20 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 3 Consensus (Agreement between the parties) Overview: Consensus is one of the fundamentals of establishing agreement between parties when creating a legally valid contract. When reaching a consensus (agreement), there is a distinct process with legal requirements that must be satisfied. The time and place of reaching a consensus also have legal significance. Consensus can be undermined by defects in will by one or more of the parties involved in the contract. In this learning unit, you will learn more about the elements of consensus, as well as defects in will that can impact consensus in South African contract law. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 –16 - 21 COML6010 – 11 - 15 COML6010/d, COML6311/d – 8 - 12 BUSL6222/w – 4 - 5 Please work through Themes 1 and 2 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please complete the activities on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 21 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 3: Breakdown Notes on this LU Breakdown of Theme 1: Reaching agreement, offer, and Chapters 5 and 6 sessions acceptance allocated in the section above Related LO1: Explain the process of offer and Outcomes: acceptance, which leads to the parties reaching a consensus MO001 (agreement). MO002 LO2: Explain whether advertisements and offers for reward constitute a valid offer. LO3: Identify from a set of facts when an offer has terminated. LO4: Establish whether consensus (agreement) has been reached with reference to a set of facts. LO5: Establish when and where a contract was concluded by applying the correct acceptance theory. LO6: Differentiate between options and rights of first refusal. Theme 2: Consensus and defects in consensus LO7: Differentiate between contracts that are void and contracts that are voidable as a result of a defect in consensus (a problem with the formation of the contract). LO8: Identify the absence of consensus (agreement) in a given set of facts. LO9: Differentiate between the possible grounds that may exist, which result in a contract being void due to lack of consensus (agreement). LO10: Differentiate between the possible grounds that may exist, which result in a contract being voidable due to lack of consensus (agreement). LO11: Differentiate between the meaning and effect of the various defects in © The Independent Institute of Education (Pty) Ltd 2018 Page 22 of 39 IIE Learn Module Outline BUSL6222/w consensus in a set of facts, including the following: o Mistake o Unilateral mistake; or o Common mistake; o When a mistake is considered to be material; o When a mistake is considered to be reasonable. o Misrepresentation in the form of either: o Fraudulent, o Negligent, or o Innocent misrepresentation. o Duress o Undue influence LO12: Identify possible remedies where a defect in consensus exists. LO13: Differentiate between the terms ‘rectification’ (contained in Chapter 6 of the textbook) and ‘ratification’ (as used in Chapter 4 of the textbook). © The Independent Institute of Education (Pty) Ltd 2018 Page 23 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 4 Formalities Overview: By default, contracts can take any form that satisfies all parties to the contract. In some cases, however, contracts must comply with formalities to be valid. Formalities are the outward, visible aspects of a contract and even the form in which the contract exists. Certain contracts must have formalities as required by particular laws. In other cases, parties to the contract themselves might set certain formalities to follow in order for the contract to be valid. In this learning unit, we will look at formalities in terms of South African contract law. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 – 22 - 24 COML6010 – 16 - 17 COML6010/d, COML6311/d – 13 BUSL6222/w 6 Please work through Theme 1 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please complete the activities on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 24 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 4: Breakdown Notes on this LU Breakdown of Theme 1: Formalities Chapter 7 sessions allocated in the section above Related LO1: Explain the three types of formalities Outcomes: that most often apply to contracts. LO2: Apply the legal principles governing MO001 the three types of formalities with MO002 which contracts must comply under statute to a set of facts. LO3: Explain how formalities agreed to by the contracting parties may be required in order for a contract to be enforceable. LO4: Explain the effect of the Electronic Communications and Transactions Act 25 of 2002 as it pertains to the formality requirement that a contract must be in writing to be valid. © The Independent Institute of Education (Pty) Ltd 2018 Page 25 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 5 Certainty and possibility of performance Overview: In addition to contracting parties reaching a consensus and having the capacity to act, a contract must also be legally and physically possible. Legal possibility refers to obeying the laws set out in the common law and legislation (also known as the requirement of legality), while physical possibility deals with whether the contract object or purpose of the contract is able to be executed according to the consensus reached between the parties. In this learning unit, we will look at legal and physical possibilities in terms of South African contract law. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 – 25 - 27 COML6010 – 18 - 19 COML6010/d, COML6311/d – 14 BUSL6222/w – 6 Please work through Theme 1 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please complete the activities on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 26 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 5: Breakdown Notes on this LU Breakdown of Theme 1: Certainty, physical possibility and Chapter 7 sessions allocated in legality of performance Chapter 10 of the the section above prescribed Related Outcomes: LO1: Explain the requirement of certainty of textbook is as performance in contracts. follows: MO001 LO2: Identify from a set of facts performance MO002 that is certain as opposed to Para 10.4 (only in MO003 performance that is ascertainable. so far as it is LO3: Differentiate between the subjective and necessary to objective possibility of performance. answer LO8) LO4: Describe the various unenforceable examples of contracts. LO5: Differentiate between physical and legal possibility (also known as the requirement of legality) of performance. LO6: Differentiate between the two types of illegality related to contracts. LO7: Discuss the effect of the legal possibility of performance (legality) or the physical possibility of performance with reference to a set of facts. LO8: Differentiate between the initial impossibility of performance, the supervening impossibility of performance, and rendering performance impossible/prevention of performance. LO9: Discuss the two legal principles/rules that apply in the case of legal impossibility of performance with reference to the effect of illegality on contracts. © The Independent Institute of Education (Pty) Ltd 2018 Page 27 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 6 Terms of the Contract Overview: Some of the most important content of a contract are the terms. These are provisions that impose duties to act or refrain from acting in defined ways or determine timeframes and situations in which the contractual duties must be enforced or become terminated. There are multiple categories of terms, which are defined by their function within the contract. In this learning unit, we will look at some of the terms of a contract in terms of South African contract law. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 – 28 - 30 COML6010 – 20 - 26 COML6010/d, COML6311/d – 15 - 16 BUSL6222/w – 7 Please work through Theme 1 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please complete the activities on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 28 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 6: Breakdown Notes on this LU Breakdown of Theme 1: Contractual terms and their Chapters 8 and 9 sessions allocated in functions the section above Related Outcomes: LO1: Differentiate between the following terms: MO001 Express terms MO002 Tacit terms Implied terms Imposed terms Essential Naturalia Incidentialia LO2: Differentiate between suspensive and resolutive conditions and suspensive and resolutive time clauses and be able to identify each in a set of facts. LO3: Discuss the following clauses and apply them to a set of facts: Suppositions Cancellation clauses Warranty clauses Exclusion clauses Exemption clauses Modi Penalty clause Entrenchment clauses Clauses about how to resolve disputes, namely: o Jurisdiction clauses o Arbitration clauses; and o Costs clauses. © The Independent Institute of Education (Pty) Ltd 2018 Page 29 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 7 Breach of Contract Overview: A contract's main purpose is to serve as a legally binding agreement between the parties involved. However, the parties do not always perform in accordance with the provisions of the contract, which constitutes a breach of contract. In this learning unit, we will look at breach of contract in its different forms according to South African contract law. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 – 31 - 33 COML6010 – 27 - 28 COML6010/d, COML6311/d – 17 - 18 BUSL6222/w – 8 Please work through Theme 1 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please complete the activities on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 30 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 7 Breach of Contract Notes on this LU Breakdown of Theme 1: Breach of contract Chapter 10 sessions allocated in the section above Related LO1: Differentiate between the various Outcomes: forms of breach of contract, namely: Breach due to impossibility (also MO001 known as impossibility of MO002 performance) Repudiation Breach due to mal performance (also known as positive mal performance) Delay in performance by the debtor (also known as mora debitoris) Delay in performance by the creditor (also known as mora creditoris) LO2: Apply the various forms of breach of contract to a set of facts. © The Independent Institute of Education (Pty) Ltd 2018 Page 31 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 8 Remedies for Breach of Contract Overview: In Learning Unit 7, we covered the various types of breach of contract. Once we know and understand the type of breach of contract, we can then determine which remedies for that breach are available to the aggrieved party. In this learning unit, we will look at the various remedies for breach of contract according to South African contract law. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 – 34 - 36 COML6010 – 29 - 30 COML6010/d, COML6311/d – 19 - 20 BUSL6222/w – 9 Please work through Theme 1 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please complete the activities on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 32 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 8: Breakdown Notes on this LU Breakdown of Theme 1: Remedies for breach of contract Chapter 11 sessions allocated in the section above Related LO1: Distinguish between the three Outcomes: categories of remedies available when a contract has been breached MO001 LO2: Compare the various remedies for MO002 contractual breach and apply them to a set of facts. LO3: Compare the different types of claims for damages in terms of the law of contract; LO4: Advice on how damages suffered by an aggrieved party may be calculated. © The Independent Institute of Education (Pty) Ltd 2018 Page 33 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 9 Transfer and termination of personal rights Overview: Personal rights and obligations in a contract usually have a limited lifespan, or there is at least the potential to bring the contractual rights and obligations to an end. Various legal mechanisms exist to terminate contracts in different situations or transfer a party’s rights or obligations to another. These mechanisms include cession, discharge and rescission. Rights can be terminated or transferred by agreement or in mergers between parties. There are a number of debt-related procedures to terminate personal rights in contracts, such as set-off, prescription and sequestration. In this learning unit, we will look at the transfer and termination of personal rights in terms of South African contract law. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 – 37 - 39 COML6010 – 30 - 31 COML6010/d, COML6311/d – 21 BUSL6222/w – 10 Please work through Theme 1 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please complete the activities on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 34 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 9: Breakdown Notes on this LU Breakdown of Theme 1: Forms of transfer and Chapters 12 and 13 sessions termination of personal rights allocated in the section above Related LO1: Differentiate between the following Outcomes: forms of variation and transfer of personal rights and apply each to a MO001 set of facts: MO002 Cession, differentiating between: o Complete session; and o Cession as security (in securitatem indebiti) Variation Release (also known as discharge) Delegation Assignment Novation Compromise LO2: Differentiate between simple joint liability and joint and several liability in solidum) LO3: Explain the concept of a stipulation alteri LO4: Differentiate between the various ways in which a contract may be terminated and apply each to a set of facts: Proper performance Prescription Impossibility of performance Merger Set-off Death Insolvency LO5: Discuss the prescription periods of different categories of debt. LO6: Explain the effect of insolvency on a contract. © The Independent Institute of Education (Pty) Ltd 2018 Page 35 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 10 The Contract of Sale Overview: One of the most common forms of legal agreement is the contract of sale. Over time, the law surrounding buying and selling has developed to address the rights of both sellers and purchasers, govern the transfer of goods and make provisions for when the rights of either party are violated. This body of law is based on both common law and statute. In this learning unit, we will look at the transfer and termination of personal rights in terms of South African contract law. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 – 40 - 42 COML6010 – 32 - 34 COML6010/d, COML6311/d – 22 BUSL6222/w – 11 Please work through Theme 1 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please complete the activities on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 36 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 10: Breakdown Notes on this LU Breakdown of Theme 1: Essentialia and naturalia of Chapter 14 sessions contracts of sale allocated in the section above Related LO1: Discuss both the essentialia and the Outcomes: naturalia of a contract of sale and apply these to a set of facts. MO001 LO2: Explain the meaning and effect of a MO002 voetstoots clause. LO3: Identify and explain the specific clauses included in a contract of sale. LO4: Distinguish between the transfer of ownership in moveable and immovable property. LO5: Apply the rights and duties of the purchaser and seller to a set of facts LO6: Explain the passing of risk. © The Independent Institute of Education (Pty) Ltd 2018 Page 37 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 11 The Contract of Lease Overview: A contract for the letting and hiring (or lease) of a thing may be defined as a reciprocal contract where one party (the lessor) undertakes to make temporarily available to another party (the lessee) the use and enjoyment of a thing in return for the payment of a sum of money. In this learning unit, we will look at the essentialia and the naturalia of a contract of lease. We will also explore the duties of both the lessor and lessee and the remedies available to the lessor and lessee in respect of breach of the contract of lease. Sessions are allocated as follows for this Learning Unit: BUSL6212, BUSL6222, COML6311 – 43 - 48 COML6010 – 35 - 36 COML6010/d, COML6311/d – 23 - 24 BUSL6222/w – 12 Please work through Themes 1 and 2 on Learn, together with the relevant sections of your prescribed source/s. To ensure that you are working towards mastering the objectives for this learning unit, please complete the activities on Learn. © The Independent Institute of Education (Pty) Ltd 2018 Page 38 of 39 IIE Learn Module Outline BUSL6222/w Learning Unit 11: Breakdown Notes on this LU Breakdown of Theme 1: The contract of lease Chapter 15 sessions allocated in the section above Related LO1: Apply the essentialia and the Outcomes: naturalia of a contract of lease, respectively, to a set of facts. MO001 Theme 2: The rights and duties of the MO002 lessor and lessee MO003 LO2: Apply the duties of the lessor and lessee to a set of facts. LO3: Apply the remedies available to the lessor and lessee concerning breach of the contract of lease to a set of facts, including the landlord’s hypothec. LO4: Apply the principles and consequences of huur gaat voor koop to a set of facts. © The Independent Institute of Education (Pty) Ltd 2018 Page 39 of 39