LLW2601 MAY/JUNE 2025 EXAM (Answer Guide) – Due 3rd June 2025

LLW2601 MAY/JUNE 2025 EXAM (Answer Guide) – Due 3rd June 2025 Question 1 Question 1.1 – Requirements for a Valid Contract at Common Law (5 marks – Answer must not exceed five lines) At common law, a valid employment contract requires the following elements: 1. Consensus between the parties (mutual agreement to terms). 2. Contractual capacity (parties must have legal capacity). 3. Legality (the contract must not be against public policy or unlawful). 4. Possibility of performance (contractual obligations must be capable of being performed). 5. Formalities (if required by law for validity). Reference: Du Plessis & Fouche (2021), A Practical Guide to Labour Law, Chapter 2. Question 1.2 – Validity of the Annual Leave and Working Hours Clauses (10 marks – Answer must not exceed one page) In terms of the Basic Conditions of Employment Act 75 of 1997 (BCEA), there are statutory minimum standards that regulate annual leave and working hours. These are terms of public policy and cannot be waived or contractually reduced to the detriment of the employee, particularly where the employee earns below