Summary CML1001F exam notes: All content

Exam Info
Exam Format
 There are 3 sections to the exam
 The exam is out of 60 marks.
o Part A is Multiple Choice Questions
 10 marks
o Part B is True/False with reason
 20 marks
o Part C is short and problem questions
 30 marks


Exam Content
 The work covered for Test 1
o Accounts for approximately 8% of the exam (5 marks)
 The work covered for Test 2
o Accounts for approximately 12% of the exam (7 marks)
 The most important sections for the purpose of the exam are
o General Principles of Contract
 Formation of a valid contract
 Contents of the Contract
 Breach of Contract
 Remedies
 Transfer of rights & obligations
 Termination of obligations
o Law of Sale
 Doesn’t mean that other sections covered since Test
2 are not examinable
 The relative weighting of other sections is merely
less

,INTRODUCTION

,Definitions
Burden of proof
Criminal case
 Beyond reasonable doubt
Civil Case
 Balance of probabilities

Court of First Instance Vs Court of Appeal
Court of first instance
 Hears the legal case (dispute) the first time it comes before a court
Court of appeal
 Case is re-opened to ask a higher court to overturn the decision of the
lower court

Civil vs. Criminal Cases
Civil
 One individual suing another
o Can involve state
o For things like damages
Criminal
 State versus an individual
o For a crime

Act vs. Regulation
Act
 Needs a majority vote in parliament.
 % Majority might differ depending on specific act
Regulation
 Minister has authority to change
 Easier to change than an act

Contract
 An agreement between two or more parties
 Creates rights and duties between them
o Legally binding
o Enforceable

,Unjustified Enrichment
What it is
 Someone has been enriched at the expense of yours
o Without them giving you anything in return
 Service
 Product
3 requirements that have to be satisfied
 Prove that you have been impoverished
 Prove that the other party has been enriched
 Needs to be a casual link between
o The enrichment
o The impoverishment

Mora
 Duration of time
 Delay

Ex re
 Rising from the thing itself
o The circumstance
o The transaction etc

Debtor
 The party who owes the performance
 The party who is under a duty to perform
 Party with the obligation to deliver .

Creditor
 The party who is entitled to receive performance.

,What is Law
Law definition
 The only body of rules governing human conduct that is recognized by the
state and which the state will, if necessary, enforce.
 Authority, and in the last resort, force, are of the very essence of law.

What law does?
 Keep order in society
 Uphold morals
 Help people in need

Who enforces law
 Judge or magistrate sanction people they deem to have broken the law
 Criminal cases between state and defendant
o Complainant becomes a witness
o State employs police and prosecutors to handle criminal cases
 Civil cases such as claims of delict
o State does not get involved
o Duty of the complainant to take action
 Becomes the plaintiff


How Law is Enforced
Legislature
 Parliament
 Makes the law

Executive
 President, Ministers, and Administration (civil service)
 Enforces law

Judiciary
 The courts
 Interprets and applies the law

,Sources of SA law
Constitution
 Highest law
o Supreme piece of legislation
o Everything must be in line with it
 Development
o Done differently to any other legislation
o Preliminary version developed
 The multi-party discussion in 1994
o Constitutional assembly then formed in 1997
 To create final constitution
 Why it cant be easily changed
o Need a 2/3 majority vote in parliament
o Needs supporting vote of 6 provinces

,Legislation
Definition
 Different acts
o Companies’ act
o Close corporations act
 Under the constitution
 Set of laws passes by parliament

Provincial legislation
 Legislation tailored to provinces need
o Cape has different liquor laws to rest
 Passed by national council of provinces
 Municipal council
o Under provincial legislation
o Deals with bylaws etc.

Areas of conflict
 If provincial and national laws are contradictory
 Always defer to national law

Provincial vs. Delegated Legislation
 Original legislation
o Made by people who have the power to make the law
 Given this power by the constitution
 Example
 Parliament
o Challenging Original Legislation
 On the basis it is unconstitutional
 Delegated legislation
o Made by people who have been given the power to pass law
 Given by original legislation
 Example
 Ministers
o Challenging Original Legislation
 On the basis it is unconstitutional
 Ultra Vires
 It is outside the scope of power given by the
legislation

, Judicial precedent (Case Law)
 What a judge rules
o His/her interpretation of the law
 Deals with the application and conclusion of a law
 Determined by
o Judges interpretation of the law
o Previous cases that are similar
 Follows that example
 Law therefore made by judgments
 Court that first speaks on a matter makes precedent
 Other courts follow it
 This process called “stare decisis”
 Latin word that translates to “let the decision stand”
 Process explained in detail at the end of this section


Roman Dutch law (Common Law)
 Inherited from Holland when we were a Dutch colony
 Not written down/codified, just principles we inherited and follow
o Basic way transactions work
 Can be amended at any time
o Legislation that disagrees with this law overrides it
 Looked back to roman law
o Liked them roman laws
o Added and modified roman law
 Some of our law based on this
 SA is one of the few countries to still use it
o Even Holland doesn’t use it
 Areas where we rely heavily on this
o Law of sale and lease