Wednesday, September 15, 2010
Obligations and terms
You must know your obligations and terms.
Can you discuss the ticket cases?What is tactic contracts?
What is implied terms?
Do you know the different conditions you can find in a contract and what their effect are on the contract?
Know the common contractual terms found in a contract.
Parties to contract
Is it possible for a person to contract with himself?
What is the difference between parties being liable jointly and being liable jointly and several? What does this mean? What is the practical implication of the difference between jointly and jointly and several?
Can you discuss the contract of agent with special reference to relationship between the principal en agent , principal and third party and agent and third party?
What is a stipulatio alteri? What does the law as stated by the courts state about this? What is unclear in the law as stated by the courts in regards to thix?
Possibility and certainty
In considering this chapter think of the following questions:-
When will an impossibility prevent the creation of a contractual obligation?
Can you name the different types of impossibilities and due you know when each one will exclude the contractual obligation?
Is there any exceptional cases where there will be liability despite impossibility?
Monday, September 13, 2010
Illegal contracts
In considering the illegal contract think of the following questions that needs to be answered:-
What is public interest ?
What is public policy?
In which ways can a contract be void due to illegality - conclution, reason and preformance.
What is a pactum de quota litis and how does the attorneys overcome this problem?
When will a gambling contract be void, when will it be legal, when will it be illegal, but valid and unenforceble, in terms of the Gambling act?
What is the Ex Turpi rule?
What is par delictum rule?
What is a restraint of trade contract? How will it be enforced? What is the Basson Test?
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