Introduction to contracts (4th edition) download pdf

The parties themselves can require formalities where formalities are not prescribed by law. For example, a contract of employment can be concluded in writing or orally. No formalities are required by the labour legislation. Five forms of breach of contract are recognised by law. Your assignment must contain your name, surname, student number and the name of your tutor. You do not have to type the assignment. Do NOT add any additional clauses.

The parties agree that the computers are to be delivered on 1 December and the purchase price is to be paid in three monthly instalments on 1 December , 1 January and 1 February respectively. Your contract must contain only the following: a A full description of the parties involved; b The essentialia for the specific contract; c A cancellation clause; d A penalty clause; e An acceleration clause. Each kind of business has its own characteristics that make it suitable or unsuitable for certain circumstances.

Certain business types have more advantages than others, depending on the circumstances and the purpose for which they are needed. Some kinds of businesses are regulated by statutes such as the Companies Act 71 of and the Close Corporations Act 69 of Other types of businesses are governed by the common law and by the law of contract and other statutory provisions, such as partnerships and sole proprietorships.

There are different ways of starting a business. The law prescribes different formalities, for example, whether you must register the business and how you must register it. The law also prescribes how these businesses must be run. If you want to start a business, you must decide what form you want your business to take. At the end of this unit, you should be able to: The prescribed study material for this module will be posted on Blackboard U-link. Sole proprietorship A sole proprietorship is a single-owner enterprise.

This means that one person owns the business. Although it is advisable for the sake of good management to keep records for the business, a sole trader is not by law required to keep records, except for the purposes of VAT if applicable and income tax.

Partnerships A partnership is a contractual relationship between persons, with the aim of making a profit and sharing in it. The partners can write their own partnership agreement or ask an attorney to do so.

The Companies Act 71 of does not limit the number of partners. The partners own the business together. The Close Corporation Act was introduced in A close corporation cannot have more than 10 members. The law regards a close corporation as separate from its members.

The CC is a juristic person. This means that unlike a sole proprietorship and a partnership, the assets and liabilities of the business belong to the close corporation and the personal assets and liabilities of the members have nothing to do with the CC. The Companies Act 71 of replaced the Companies Act 61 of and became effective on 3 May Business trusts A business trust is a type of trust that involves the transfer of and carrying on of a business. It can also involve funding to start up a business.

In both instances, a trustee s carries on business for the benefit of the beneficiaries of the trust. Section of our Constitution provides for the judicial system. Section creates a hierarchy of courts. Additional information may be posted on Blackboard U- link. Chief Justice and nine matters. The exclusive jurisdiction? Constitutional Court was officially opened in March President, Deputy different provinces.

Serious criminal offences, e. Disputes over moveable and immovable property between R and R Matters regarding credit agreements of between R and R in terms of the National Credit Act.

Road Accident Fund claims of between R and R Criminal matters: The court has jurisdiction in all matters except treason. There are now 62 more regional courts to deal with the same workload of the former 31 divorce courts.

The benefits of this amendment include reduced time for finalisation and reduced costs and have improved the access to courts. Court Act. These matters include the interpretation or validity of a will and where an order will affect the status of a person with regard to mental capacity Criminal matters: The court has jurisdiction in all matters except treason, murder and rape. NB: Penal jurisdiction? Appeal matters? See Kleyn and Viljoen, pp. The Small Claims Court will be discussed in class.

Please note that the monetary jurisdiction of the Small Claims Court is currently R12 Alternative dispute resolution See Kleyn and Viljoen, pp. It is defined in the dictionary as a job that needs a high level of education and training.

You could one day be part of a profession as a CA. Apart from having a high level of education and training, you will offer a service to the public; therefore your conduct and behaviour will be monitored by a governing body Meintjies et al. Introduction to South African Law. Can you name the governing body for chartered accountants?

In my view… a true profession has the following characteristics… The primary function of a profession is to give advice and service to the community in a specialized field of training. A profession must have a governing body which represents it and has power of control and discipline over its members…The governing body must restrict the entry to those with a minimum standard of education.

The subsequent system of education and training in both theory and practice must be constantly updated and adapted so that the members can speak with knowledge and authority on the subjects within their field of learning.

A key characteristic of a profession is a code of ethics. Ethics aim to protect the public and set standards for the profession. See www. Can a soccer club have a constitution? Our final Constitution came into effect on 4 February and was adopted through a process of negotiations.

Our Constitution is the supreme law in our country. This is the preamble a declaration stating the purpose and basic values of the Constitution; the provisions are not binding. We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to: Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; Improve the quality of life of all citizens and free the potential of each person; and Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

May God protect our people. Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso. God bless South Africa. Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika. Refer to Chapter 13 in Kleyn and Viljoen. A brief overview of our constitutional history South Africa became a republic in in terms of the Constitution.

Before that South Africa was a unitary state. The monarchic a state ruled or headed by a monarch British rule was replaced by a state president. The government promoted a policy of separate development. December marked an important milestone in our constitutional history. The majority of political parties and organisations signed a declaration, committing themselves to draft a new democratic constitution. The Constitution was the first democratic Constitution and all South Africans older than 18 years could vote.

The final Constitution had to comply with 34 principles, entrenched in the interim Constitution and the Constitutional Court had to certify the final Constitution. Section 1 of the Constitution of the Republic of South Africa, provides for basic rights for all in Chapter 2; universal adult suffrage the right to vote for all ; supremacy of the Constitution; and non-racialism and non-sexism.

Advanced Search. Privacy Copyright. TU Law Digital Commons. Title Introduction to the Law of Contracts 4th ed. Description An Introduction to the Law of Contracts is now out in it's fourth edition. Buy this Book. Report this Document.

Flag for inappropriate content. Download now. Related titles. Carousel Previous Carousel Next. Jump to Page. Search inside document. To discuss about the make or buy decision.

To determine factors driving contracting. To discuss laws of contracting: private and public. The steps involved in contract management are: Planning Designing Commissioning of the project In this session you would learn about contracting and role of competition. Factors that have contributed to the evolution of contracts are: Globalisation Outsourcing De-regulation Types of competitors The changing roles of contracts todays business world has resulted in the change of contract structure, format and content.

The factors to be considered for the make or buy decision are Capacity Skill Level Trade secrets Staff availability and existing workload The make-or-buy decision analysis should be performed both at the strategic and operational level. Exchange of products and services are the basis for globalisation. Associated with private and public law.

Helps in determining if the contract is valid or not. Issues can be resolved if there is a breach of contract. The service standards can be improved by competition and contracting. Benefits of competition Cost savings can be obtained by competitive bidding. The quality mentioned in the bid document can be ensured. Competition improves the level of efforts put in by the contractors.

Contract law is a promise or set of promises that are enforceable by law. Create a PPT about outsourcing laws followed in India. Noreena Twinkle Fajardo. Alpesh Thakkar. Gautam Mahajan. Neil Angelo Pamfilo Rodil. Jat Gomez. S Saha. Fauquier Now.