Problem Solving
Tuesday, 28 February 2023 19:45
Legal Principle
The structure of Contract Law Legislation:
Common Law Rules and Cases • Consumer Protection Act 68 of 2008
• Contract Law is made up primarily of common law rules • National Credit Act 34 of 2005
• Contractual liability is based on a legal rule • Electronic Communications and Transactions Act 25 of 2002
• You should state the rule and its possible different interpretations or uncertainty surrounding it, • Alienation of Land Cat 68 of 1981
and show how these might lead to different results • Conventional Penalties Act 15 of 1962
• While using a legal rule, it is necessary to indicate the source of or the authority fir the rule. Precedent
Legislation • Boots - simulated contract
• The notable pieces of legislation to bear in mind is the consumer protection Act 68 of 2008, NCA, • Roschon - Simulated contract - you must have genuine animus
etc. contrahendi for a contract to be valid. This is true even if the
• Legislation on sticky note contract is structured for some legal benefit of the parties
Note
When answering questions, it is therefore important to refer to both the common law rule and
legislation
The Bill of rights and the Constitution
• The common law is now subject to the constitution and BoR
• The rules and doctrines must be in line with the Con.
Reading cases and Using them as Authority
• Headnotes may serve as a mind map to guide your case reading
• Read your case as a required preparation for lectures and them summarize them
• Pay particular attention to the judgement in regard to the rule of law you are studying
• Extract the legal principle from the case
Problem solving in Contract Law
How to solve
2 phases:
1. Thinking phase
2. Writing phase
Thinking phase
Consists of:
1. Knowledge
2. Understanding
3. Application
a. Analysis of the problem
b. Synthesis
c. Evaluation
Writing Phase
Consists of:
1. Planning your answer
2. Elements of a good answer
a. Identification of the legal issue
b. Discussion of the legal principles involved
c. Application of the principles to the facts
d. Conclusion
Criteria used to mark