UNIT 1 LAW OF LEASE - LECTURE 1 2024.pdf

UNIT 1: LAW OF LEASE – LECTURE 1 T: +27 51 401 9111 | E: [email protected] | www.ufs.ac.za Lecture 1: Introduction, sources, general requirements, definition, essentialia and incidentalia Identify the different forms of the contract of letting and hiring rec...

UNIT 1: LAW OF LEASE – LECTURE 1 T: +27 51 401 9111 | E: [email protected] | www.ufs.ac.za Lecture 1: Introduction, sources, general requirements, definition, essentialia and incidentalia Identify the different forms of the contract of letting and hiring recognised in South African law. Provide the different sources of the law of lease. Identify the general requirements for conclusion of a contract of lease. Define a contract of lease. Identify the essential elements of a contract of lease.  Introduction The Law of Obligation: – SOURCES from which LEGAL OBLIGATIONS could arise: Contract (an agreement between the parties) Delict (a wrongful act) Unjust Enrichment (where one person is enriched at the cost of another) Contract: Background Three forms of the contract of letting and hiring: – The letting and hiring of a thing – The letting and hiring of services – The letting and hiring of work to be done  Sources of the law of lease Common law Statute:  The law of lease defined Contracts of Lease are (1) reciprocal agreements between lessors and lessees in terms of which the lessors bind themselves to give the lessees the (2) temporary (3) use and enjoyment of the property, (4) wholly or in part, and the lessees bind themselves to (5) pay a sum of money (rental) as compensation for that use and enjoyment. - Bradfield & Lehmann  Identify the essential elements of a contract of lease Essentiala: