1
BUSINESS LAW
BLA101
ASSIGNMENT 1
___________________________________________________________________
Name: Diandra Leonie Nell
Student number: 21920998
Due date: 27 September 2021
_____________________________________________________________________
Table of Contents
1. Question 1 2–3
2. Question 2 4–5
3. Question 3 5–7
4. Question 4 7–9
5. Question 5 10 – 12
6. Reference list 12
, 2
Question 1
1.1 Authoritative sources are sources to which the Courts are bound, whilst
persuasive authority assists to influence the Court to apply or interpret a rule
in a particular way. Authoritative sources of law are used to find out what the
law says and / states about a particular case and / or situation. It is called
authoritative sources, as it gives weight to an argument and most importantly,
authoritative sources are binding. Persuasive sources of law are used when
all authoritative sources have been investigated and depleted and nothing
was found on a certain topic and / or subject, then Courts make use of
persuasive sources. However, persuasive sources of law are not binding, it is
only an influence.
Authoritative sources of law:
o Legislation / statutes / Acts of parliament;
o Court decisions / case law / court cases;
o Common law;
o Custom;
o African indigenous law / Indigenous African law.
Authoritative source example: In South Africa, the most important legislation is
the Constitution of the Republic of South Africa, 1996.
Persuasive sources of law:
o Other legal systems: Roman-law basis / English law;
o Foreign law: often when dealing with Bill of Rights;
o Textbooks / Articles / Law Journals.
1.2 There are 3 (three) superior Courts in South Africa, being the Constitutional
court, the Supreme Court of Appeal and the High Court. When a matter is
heard in the High Court and the Applicant and / or Respondent does not
agree with the Judgment handed down by the Honourable Court, the
Applicant and / or Respondent can refer the matter to the Supreme Court of
Appeal to have the Judgment reviewed and / or set aside. It is important to
BUSINESS LAW
BLA101
ASSIGNMENT 1
___________________________________________________________________
Name: Diandra Leonie Nell
Student number: 21920998
Due date: 27 September 2021
_____________________________________________________________________
Table of Contents
1. Question 1 2–3
2. Question 2 4–5
3. Question 3 5–7
4. Question 4 7–9
5. Question 5 10 – 12
6. Reference list 12
, 2
Question 1
1.1 Authoritative sources are sources to which the Courts are bound, whilst
persuasive authority assists to influence the Court to apply or interpret a rule
in a particular way. Authoritative sources of law are used to find out what the
law says and / states about a particular case and / or situation. It is called
authoritative sources, as it gives weight to an argument and most importantly,
authoritative sources are binding. Persuasive sources of law are used when
all authoritative sources have been investigated and depleted and nothing
was found on a certain topic and / or subject, then Courts make use of
persuasive sources. However, persuasive sources of law are not binding, it is
only an influence.
Authoritative sources of law:
o Legislation / statutes / Acts of parliament;
o Court decisions / case law / court cases;
o Common law;
o Custom;
o African indigenous law / Indigenous African law.
Authoritative source example: In South Africa, the most important legislation is
the Constitution of the Republic of South Africa, 1996.
Persuasive sources of law:
o Other legal systems: Roman-law basis / English law;
o Foreign law: often when dealing with Bill of Rights;
o Textbooks / Articles / Law Journals.
1.2 There are 3 (three) superior Courts in South Africa, being the Constitutional
court, the Supreme Court of Appeal and the High Court. When a matter is
heard in the High Court and the Applicant and / or Respondent does not
agree with the Judgment handed down by the Honourable Court, the
Applicant and / or Respondent can refer the matter to the Supreme Court of
Appeal to have the Judgment reviewed and / or set aside. It is important to
