Commercial Law 1C
CLA1503
Department of Mercantile Law
Assignment 02 for Semester 01 (compulsory)
Unique Number 626985
Due: 16 April 2021
4 RESOURCES
4.1 Prescribed book(s)
The prescribed textbook for CLA1503 is General Principles of Commercial Law 9th ed
(2019) Juta, co-authored by H Schulze, T Manamela, P Stoop, E Manamela, E Hurter, B
Masuku and C Stoop. You should purchase this prescribed textbook. The prescribed books
can be obtained from the University's official booksellers. If you have difficulty finding the
book at these booksellers, please contact the Prescribed Books Section at 012 429 4152 or
email . The prescribed textbook is also an e-book and can be
purchased at www.juta.co.za.
Only the following chapters in the prescribed textbook have to be studied for this module:
Chapter 1: The South African Legal System
Chapter 2: Introduction to the Science of Law
Chapter 3: Law of Contract: Introduction
Chapter 4: Consensus
Chapter 5: Capacity to Perform Juristic Acts
Chapter 6: The Agreement must be Possible
Chapter 7: Formalities
Chapter 8: Terms of the Contract
Chapter 10: Breach of Contract
Chapter 11: Remedies for Breach of Contract
Chapter 12: Transfer and Termination of Personal Rights (Please Note: Only paragraphs 12.1
(Introduction), 12.2 (Cession) and 12.2.1 (The consequences of cession) are prescribed)
Chapter 13: The Contract of Sale
Chapter 14: The Contract of Lease
Chapter 15: The Contract of Insurance
Chapter 20: The Law of Agency
Chapter 21: Forms of Business Enterprise (Please Note: Paragraph 21.4 (21.4.1-21.4.8)
(Company Law) is not prescribed)
Chapter 23: Security
Chapter 30: Consumer Protection
, 4.2 Recommended book(s)
There are no recommended books for CLA1503.
QUESTION 1
Which ONE of the following sources will a South African lawyer consult on Roman law?
1. the Constitution of the Republic of South Africa, 1996
2. Customary Law
3. the Corpus Iuris Civilis
4. South African Statute Law (2)
Answer:
Refer to page 2 of the prescribed textbook:
1.1.1 Roman law
Roman law traditionally spans the period from 753 BC to AD 568. At the beginning of this
period, Rome was a small, relatively primitive state with most of its population living on
farms around the city. Its economy was based mainly on agriculture, with no trade to speak
of. The nucleus of the community was the family with the oldest male ascendant at its head.
Not only was he the sole owner of all the family property, whether acquired by himself or
his dependants, but he was also the holder of all power, including the power of life and
death, over the members of his family and his slaves. The law was correspondingly
primitive.
Rome, however, developed rapidly until it stood at the head of a vast empire which
extended over virtually the entire Western Europe and large portions of Africa and Asia.
Obviously, the law had to adapt to and make provision for these changed circumstances,
and, in consequence, a highly sophisticated legal system, capable of dealing with the
exigencies of increasing wealth, expanding trade and an influx of foreigners, evolved.
From AD 291 attempts were made to codify Roman law and these attempts culminated
in a codification known as the Corpus Iuris Civilis, which appeared during the reign of
Emperor Justinian in the sixth century. Today, this work is still the primary authoritative
source on which South African courts draw when reverting to Roman law to solve a legal
problem.
QUESTION 2
Jaco is a famous inventor of new, environmentally friendly trucks. He stands in his ultra-
modern workshop admiring the revolutionary new electrically powered truck that he
designed for the company, Big Trucks, which still owes him R5 000 000.
This sentence contains four legal objects, one from each of the four categories of Jaco's
subjective rights.
The R5 000 000 owed to Jaco is an example of …
CLA1503
Department of Mercantile Law
Assignment 02 for Semester 01 (compulsory)
Unique Number 626985
Due: 16 April 2021
4 RESOURCES
4.1 Prescribed book(s)
The prescribed textbook for CLA1503 is General Principles of Commercial Law 9th ed
(2019) Juta, co-authored by H Schulze, T Manamela, P Stoop, E Manamela, E Hurter, B
Masuku and C Stoop. You should purchase this prescribed textbook. The prescribed books
can be obtained from the University's official booksellers. If you have difficulty finding the
book at these booksellers, please contact the Prescribed Books Section at 012 429 4152 or
email . The prescribed textbook is also an e-book and can be
purchased at www.juta.co.za.
Only the following chapters in the prescribed textbook have to be studied for this module:
Chapter 1: The South African Legal System
Chapter 2: Introduction to the Science of Law
Chapter 3: Law of Contract: Introduction
Chapter 4: Consensus
Chapter 5: Capacity to Perform Juristic Acts
Chapter 6: The Agreement must be Possible
Chapter 7: Formalities
Chapter 8: Terms of the Contract
Chapter 10: Breach of Contract
Chapter 11: Remedies for Breach of Contract
Chapter 12: Transfer and Termination of Personal Rights (Please Note: Only paragraphs 12.1
(Introduction), 12.2 (Cession) and 12.2.1 (The consequences of cession) are prescribed)
Chapter 13: The Contract of Sale
Chapter 14: The Contract of Lease
Chapter 15: The Contract of Insurance
Chapter 20: The Law of Agency
Chapter 21: Forms of Business Enterprise (Please Note: Paragraph 21.4 (21.4.1-21.4.8)
(Company Law) is not prescribed)
Chapter 23: Security
Chapter 30: Consumer Protection
, 4.2 Recommended book(s)
There are no recommended books for CLA1503.
QUESTION 1
Which ONE of the following sources will a South African lawyer consult on Roman law?
1. the Constitution of the Republic of South Africa, 1996
2. Customary Law
3. the Corpus Iuris Civilis
4. South African Statute Law (2)
Answer:
Refer to page 2 of the prescribed textbook:
1.1.1 Roman law
Roman law traditionally spans the period from 753 BC to AD 568. At the beginning of this
period, Rome was a small, relatively primitive state with most of its population living on
farms around the city. Its economy was based mainly on agriculture, with no trade to speak
of. The nucleus of the community was the family with the oldest male ascendant at its head.
Not only was he the sole owner of all the family property, whether acquired by himself or
his dependants, but he was also the holder of all power, including the power of life and
death, over the members of his family and his slaves. The law was correspondingly
primitive.
Rome, however, developed rapidly until it stood at the head of a vast empire which
extended over virtually the entire Western Europe and large portions of Africa and Asia.
Obviously, the law had to adapt to and make provision for these changed circumstances,
and, in consequence, a highly sophisticated legal system, capable of dealing with the
exigencies of increasing wealth, expanding trade and an influx of foreigners, evolved.
From AD 291 attempts were made to codify Roman law and these attempts culminated
in a codification known as the Corpus Iuris Civilis, which appeared during the reign of
Emperor Justinian in the sixth century. Today, this work is still the primary authoritative
source on which South African courts draw when reverting to Roman law to solve a legal
problem.
QUESTION 2
Jaco is a famous inventor of new, environmentally friendly trucks. He stands in his ultra-
modern workshop admiring the revolutionary new electrically powered truck that he
designed for the company, Big Trucks, which still owes him R5 000 000.
This sentence contains four legal objects, one from each of the four categories of Jaco's
subjective rights.
The R5 000 000 owed to Jaco is an example of …
