Cerrar
Corpus Iuris Civilis comprised four parts:
What is Codex?
What is Digesta?
What is Institutes?
What is Novellae?
The Roman law, when applied together with the law of the Netherlands, formed the
Roman-Dutch law, influenced by principles of English law, is referred to as the
South African Law consists of.....
Nature of law
Major purposes of law
Law can be
Legal subject
4 types of rights
Fundamental rights
An entrenched customary practice treated as law in a particular community.
Legislative authorities
Areas of exclusive provincial competence:
Types of courts
Doctrine of Precedent (Stare decisis)
A legal obligation is a legal tie (or legal relationship) between two people.
One party has a duty to give performance
The party who has a duty to deliver performance is called a
The party who has a right to receive performance is called
Some legal obligations are recognized and enforced by law
Others are recognized but not enforced by the law.
Legal obligations can arise out of
delict?
A Delict creates an obligation on the wrongdoer towards the victim, in terms of which the wrongdoer has the duty to
The following elements must be present for a delict to give rise to a legal obligation:
A contract is an agreement made with...
Requirements for a contract.
Transfer of rights
can only give what you have?
Transfer of Duties ?
Transfer of Rights and Duties
Consensus
3 Categories of Consensus
Consensus & Formation of Contracts
Where a contract is void
Contract is voidable
More than one party can
Simple joint liability or entitlement
Joint & Several Liability and entitlement
Common liability or entitlement
Vicarious liability
Terms that make up a contract
Essentialia
Incidentalia
Conditions
Terms
Assumptions
Guarantee
Modal Clauses
Essentiiallia of contract of Insurance
Parties to insurance contract
Insurer
Insured
Subrogration?
Requirements for Subrogration
Duty to Disclose
Amount recoverable
Indemnity Insurance
The amount of damages claimed is directly proportional to the patrimonial loss/damage suffered, or the amount of the insurance or the amount of the insurance where it is less than the loss suffered.
Non-Indemnity (capital) Insurance
5 Short Term Policies
5 Long Term Policies
Bill of Exchange
Cheque
Promissory note
Drawer
Drawee
Payee
5 requirements for validity of bill/cheque
(same as definition)
Delict Elements
Requirements of contract
Illegal contracts
3 types of misrepresentations
4 Forms of breach of contract
