CLA1503
Commercial Law 1C
Department of Mercantile Law
Assignment 02 for Semester 01 (compulsory)
Unique Number 869451
Due: 15 April 2020
Prescribed book:
General Principles of Commercial Law 9th ed (2020) Juta
PREVIEW OF QUESTION 1
Which ONE of the following sources of the law has only persuasive authority in a South
African court and is NOT viewed as an authoritative source?
1. Judgments of the Dutch courts before 1652
2. English law
, 3. Dutch legislation before 1652
4. Roman law (2)
Answer:
Chapter 1
The South African Legal System
1.1 A short history of the law
1.2.5 Foreign law
If nothing can be found in one or more of the above sources, a judge will turn to the law of
other modern countries for guidance. Foreign law is not regarded as an authoritative source
for South African law — it has persuasive authority only. In this connection, the decisions of
the English courts immediately come to mind, but it must be emphasised that English law is
no authority if South African law makes full provision on the point.
The courts will reject South African decisions which in the past have wrongly adopted
English law. The decisions of the American courts have sometimes been accepted in
South Africa, but, of course, they are not binding.
Commercial Law 1C
Department of Mercantile Law
Assignment 02 for Semester 01 (compulsory)
Unique Number 869451
Due: 15 April 2020
Prescribed book:
General Principles of Commercial Law 9th ed (2020) Juta
PREVIEW OF QUESTION 1
Which ONE of the following sources of the law has only persuasive authority in a South
African court and is NOT viewed as an authoritative source?
1. Judgments of the Dutch courts before 1652
2. English law
, 3. Dutch legislation before 1652
4. Roman law (2)
Answer:
Chapter 1
The South African Legal System
1.1 A short history of the law
1.2.5 Foreign law
If nothing can be found in one or more of the above sources, a judge will turn to the law of
other modern countries for guidance. Foreign law is not regarded as an authoritative source
for South African law — it has persuasive authority only. In this connection, the decisions of
the English courts immediately come to mind, but it must be emphasised that English law is
no authority if South African law makes full provision on the point.
The courts will reject South African decisions which in the past have wrongly adopted
English law. The decisions of the American courts have sometimes been accepted in
South Africa, but, of course, they are not binding.
