1. INTRODUCTION
Welcome as learners, to law of contracts. We would like to invite you to use the lecturer as facilitator to develop your knowledge in this subject to the maximum. In order to attain success in this subject, your own contribution is important. It is important that you realize that it is your responsibility to prepare for classes and to initiate class discussions. If your attitude towards your study is correct, success will inevitably await you in your future career but always remember that success will only come with hours and hours of very hard work.
The general purpose of this instructional offering is to familiarize the learner with law of contracts terms and concepts. While the learner is “downloading” the theory, practical application will be facilitated through the completion of homework, assignments, class discussions and self-study “assessment type” questions, mostly in the form of case studies.
Please note that this course is directly linked to and goes with Law of Contracts B where the student will look at the content and operation of contracts, breach of contracts, cessions, termination and drafting of a contract.
Your lecturer for this module is :
Mrs T Oosthuizen
Office number 313
Email Toosthui@pan.uzulu.ac.za
Tel 035 9026191
2. PURPOSE OF THE PROGRAMME
Law of Contract is a core subject within the curriculum for the LLB program. The LLB Degree will give you entry into the many fields open to a legal practitioner, where you can be in either private practise or employed by one of the many state departments. Both private and public practitioners use contracts. You will use it extensively if you follow a career in law, be it an attorney, advocate or legal adviser.
The purpose of the course is to provide insight into the nature and function of the law of contract in South Africa. More particularly:
· To provide the students with an understanding of the historical development of the uniquely South African law of contract from its Roman, Roman-Dutch and English roots.
· To provide the students with a thorough understanding of the essential elements of a valid contract in South African law.
· To assist students in being able to identify and solve authentic legal problems with regard to the negotiation and creation of contracts.
· To familiarise students with legal concepts and terminology commonly encountered in the law of contract.
· To assist students in extracting principles from law reports and other source material.
3. PURPOSE OF THE LEARNING GUIDE
This learning guide serves as an instrument of preparation for the learner. It enables you to plan your studies and to follow the completion of the curriculum framework. Because the law of contract is a practical subject, theory is explained and then practical problems must be solved in the form of case studies. You must study the theory beforehand; this will help you complete the theory sections quicker. More time can then be spent on the practical work.
The content of this learning guide must not be regarded as complete. The accumulation of knowledge and insight, as well as the achievement of specific goals, is the learner’s primary responsibility. The learning process will be facilitated within the academic framework with the learning outcomes. The learner should therefore know which learning outcomes must be achieved after each session and what the learner will have to give account of at the end of the module.
ASSUMPTIONS OF PRIOR LEARNING
When entering the course, students need to be able to:
· Be capable of writing and communicating in coherent English.
· Know how and where to access resources such as textbooks, law reports and statutes in the Law Library.
· Have a working knowledge of basic legal concepts and terminology. Be capable of independent learning.
· Read, analyze and extract principles from law reports and other source material.
· Understand the system of judicial precedent, and the important role precedent plays in private law.
WHILE the utmost care was taken during the compilation of this learning guide, it remains subject to change.
4. SYLLABI
The content of the instructional offering is summarized as follows:
· The nature and basis of contracts.
· Formations of contract.
- Offer and Acceptance
- Mistake / Absence of consent
- Improperly obtained consensus
· Requirements of a valid contract
- Contractual capacity
- Formalities
- Legality
- Possibility and certainty
4.2. LEARNING OUTCOMES
After working through and studying this module the learner should be able to:
· Explain the nature and basis of law of contracts;
· Explain and understand the principles of the formation of a contract;
· Understand and explain the requirements for a valid contract;
· Show an in-depth understanding of the principles that underlie the law of contract;
· Evaluate the laws governing law of contracts;
· Apply the knowledge gained during the course to solve practical problems.
4.3. CRITICAL CROSS-FIELD LEARNING OUTCOMES
Learners must demonstrate the ability to:
· Identify and solve problems and make decisions using critical and creative thinking (problem-solving skills).
· Work effectively with others as members of a team, group organization and community (team-ship).
· Organize and manage themselves and their activities responsibly and effectively (self-responsibility skills).
· Collect, analyze, organize and critically evaluate information (information processing/research skills).
· Communicate effectively using visual, symbolic and/or language skills in various modes (communication skills)
5. LITERATURE
5.1 PRESCRIBED LITERATURE
HUTCHINSON ET AL, THE LAW OF CONTRACTS, Oxford South Africa. 2009.
Oxford – Advanced learners dictionary
Please note that the above is the prescribed books for this module and must be used. Last year’s book is not sufficient.
5.2. ADDITIONAL READING
In order to assist your preparation for lectures, a course outline listing the core readings is provided. However, it will be in your own interests to read more widely than the readings listed. You will find the leading judgments on aspects of law of contract in the relevant Law Reports, articles and other books, which may be accessed in the Law Library, both in paper and electronic form.
5.3. COPYRIGHT AND PLAGIARISM
If you should make any copies of the prescribed textbook, you may be found guilty of a criminal offense and a fine or imprisonment may be imposed. The Faculty does not take any responsibility in this regard.
If copies of the textbook must be made, written permission must be obtained from the publishers of the book.
6. assessment
The assessment criteria will arise from, and be linked to, the intended outcomes. Due to the practical nature of the course content, the summative assessment will primarily take the form of practical case studies but will also include a component of theory questions. You will be informed about the necessary exam technique during the course of the module. This means that you will be told what knowledge, skill and attitudes need to be acquired and developed in order to achieve the prescribed outcomes.
When preparing for assessments, you must ensure that you will be able to meet all the outcomes and assessment criteria as stated in each learning unit.
6.1. FORMATIVE ASSESSMENT
Formative Assessment takes place during the process of teaching and learning for the purpose of assessing the learners’ progress in “downloading the theory”. Formative Assessment will be in the form of formal tests and assignments given by your lecturer. Formative tests and assignments will account for 50 % of your final mark. Any test missed will count as a zero unless a valid medical certificate or reason is handed to your lecturer as soon as possible.
6.2 SUMMATIVE ASSESSMENT (FINAL EXAMINATION)
Summative assessment is undertaken to form a judgment about the learners’ achievement of the intended outcomes and is carried out at the end of the learning program. A two hour examination will be written at the end of the module on the work done during the semester. The summative assessment will account for 50 % of your final mark at the end of every semester. A final pass of 50 % is required to pass this module. The relevant assessment criterion for this module is as follows:
| Test 1 or Assignment 1 | 25 % |
| Test 2 or Assignment 2 | 25 % |
| Examination | 50 % |
| Total | 100 % |
7. GENERAL GUIDELINES
7.1. CLASS ATTENDANCE
Class attendance is of the utmost importance in this subject. The practical application of theory is constantly tutored through a variety of class activities. Important announcements are made during the class and important guidelines are provided on how to start and complete homework and assignments.
STAYING AWAY FROM CLASS IS A GUARANTEED RECIPE FOR FAILURE.
Should you fail to attend class, it will be your responsibility to obtain relevant information and suggested solutions from the elected class representative or fellow learners.
BE PUNCTUAL FOR CLASS – BEING LATE IS A DEFINITE CHARACTERISTIC OF AN IRRESPONSIBLE INDIVIDUAL. ACCESS TO THE VENUE, 5 MINUTES AFTER CLASS HAS STARTED, WILL BE DENIED IN LINE WITH FACULTY POLICY.
7.2. CONSULTATION WITH COURSE FACILITATOR
You may personally consult your course facilitator in his / her office during specified consultation hours. If you need to speak to the course facilitator after consultation hours, an appointment must be made. When a serious problem must be discussed, it is important to arrange for a special appointment beforehand.
No lectures, of any nature, missed because of poor class attendance, will be repeated during consultation hours - that is why classes are arranged. No notes / transparencies will be loaned to learners!
Please note – if you were unable to reach the facilitator, leave a message on a piece of paper with all your details underneath the facilitator’s door or with the department secretary.
An elected student representative may consult with the lecturer with regard to similar “course related” problems shared between various students.
7.3. SCOPE OF WORK FOR ASSESSMENT PURPOSES
You are required to study all the work as set out in this learning guide.
8. ASSESSMENT DATES
Assignments and examination dates will be supplied by the lecturer and can be filled in by the student in the space provided below: Please note that class tests are conducted on a “surprise” basis broadly in line with the time frames below
| Assessment: | Date: |
| Test 1/Assignment 1 | Week |
| Test 2/Assignment 2 | Week |
| Examination | |
9. DETAILED COURSE OUTLINE:
| WEEK 1 | Introduction Nature and Basis of Contract | 3-41 |
| WEEK 2 | The Offer The Acceptance Breaking off Negotiations | 47-56 56-63 63-74 |
| WEEK 3 | Mistake | 81-91 |
| WEEK 4 | Mistake | 91-109 |
| WEEK5 | RECAP AND TEST WEEK | ALL WORK DONE |
| WEEK 6 | Improperly obtained consensus | 113-136 |
| WEEK 7 | Duress and Undue Influence | 136-144 |
| WEEK 8 | Contractual Capacity | 149-157 |
| WEEK 9 | RECAP AND TEST WEEK | ALL WORK |
| WEEK 10 | Formalities | 157-173 |
| Week 11 | Legality | 173 |
| Week 12 | Recap and revision | All work |
Good luck and best wishes with your study and remember – if you have a problem-ask!
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