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notes summarized from a 10th edition of a commercial law textbook. covering (chapter 1: The South African Legal Systems, chapter 2: Introduction to the Science of Law, chapter 3: Law of Contract, chapter 4: Consensus, chapter 5: Capacity to Perform Juristic Acts) more chapters will be uploaded soon!

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Summarized whole book?
No
Which chapters are summarized?
From chapter 1 to 5
Uploaded on
July 20, 2025
Number of pages
34
Written in
2024/2025
Type
Summary

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Commercial
law
chapter 1

,History of law
• Short history of law



i. SA law is not Codified.
(codified- recorded in a single piece of
legislation)


ii. It is made up of various sources.
(not all of them are binding, some are merely
persuasive)

, Common law

Constitutional law

Textbook and journal

Legislation law
Sources of Customary
the law Custom
(5colfit) Old authorities

Foreign law

International law

Court judgement

, 1. common
law
• Common law comprises of:

A. roman law

B. Dutch law

C. Roman dutch law

Roman dutch law:
 Brought to Cape town by Jan Van Rie
1952.
 Roman law fused with the dutch in 1
16th centuries
 it was changed from customary law

 English colonised the cape and was
introduced as common law.
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