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Flashcards

Contract Law 1

Pieter Bosman English 24 cards

Cards in this deck (24)

  1. 1Define a contract of saleA specific
    agreement to buy and sell, in terms of which the seller has the true intention to deliver a determined or determinable thing together with all his/her rights in the thing undisturbed to the buyer, and the buyer has the true intention of paying a determined or determinable price for the thing
  2. 2Name the 3 requirements for a contract of sale1.The intention of the seller to sell and the buyer to buy
    2.The thing sold
    3.The purchase price
  3. 3What is Res aliena?A thing of which the seller is not the owner
  4. 4What is the Essentialia of the contract of sale?The purchase price
    Must reach consensus on the purchase price.
    Requirements for a valid price:
    Agreement on the price
    Price must be certain
    Price must consist of acceptable currency
  5. 5What is essentialia?Parties enter into a specific contract
  6. 6What is Incidentalia?An agreement between parties for their own purposes and needs
  7. 7Name 3 Higher courts?1. Constitutional court
    2. Supreme court of appeal
    3. High courts
  8. 8Define Warranty against eviction?Any action by a third party who has a greater right in the thing sold than the buyer, and who deprives the buyer of the total or partial use, enjoyment and disposal of the thing sold
  9. 9What is Pre- emptive right?A personal right by virtue of agreement, in terms of which a person entitled, may lay claim to the following: If the owner should one day decide to sell the property concerned, the holder of the pre-emptive right will have the first and exclusive choice of deciding whether he wants to conclude a deed of sale with the grantor or not
  10. 10NamNe the Essentialia of contract of lease1. The property which is to be leased.
    2. That temporary use and enjoyment of the property will be given to the lessee by the lessor.
    3. The lessee will pay the lessor a determined or determinable amount of compensation(rent) in respect of the use and enjoyment of the property.
  11. 11Name the duties of a lessor when a contract of lease came into existance1. Deliver the property
    2. Maintain the property
    3. Provide the use and enjoyment of the property
    4. Payment of taxes
  12. 12What is sublease?Where the lessee leases the property to another person
  13. 13"Huur gaat voor koop"The new owner becomes the lessor in the place of the previous owner, and acquires the rights and duties in terms of the existing contract of lease
  14. 14Name 6 credit transactionsPawn transactions
    Discount transactions
    Incidental credit agreements
    Installment agreements
    Mortgage agreements
    Secured loans
    Lease
  15. 15Name 2 types of formalitiesAgreed formalities
    Statutory formalities
  16. 16Name the forms of breach of a contractMora debitoris
    Mora creditoris
    Positive malperformance
    Repudiation/Refusal
    Performance rendered impossible
  17. 17What is the Remedies of breach of a contract?1. Operation of law:
    - Claim for specific damage
    - Cancellation
    - Damages
    2. Agreed remedies:
    -Normal fulfillment,cancellation or the recovery of damages
    - Normal intent to exclude or replace the common law remedies
  18. 18Common Law Remedies- Claims for fulfillment
    - Interdict
  19. 19Termination of a contractual relationshipPerformance
    Contract
    Merger
    Impossibility of Performance
    Rehabilitation after sequestration
    Prescription
  20. 20What forms SA law?Constitution law
    Legislation law
    Common law
    Indigious customary law
  21. 21Name the terms of a contractConditions
    Terms
    Modal clauses
    Express consensus
    Guarantees
    Assumptions
  22. 22Requirements of a CONSENSUSWell known
    Applied universally
    Reasonable & Necessary
    Specific content
    Well established
  23. 23Requirements of a CONTRACTConsensus
    Legality
    Physical Possibility
    Formalities
    Capable Capacity
  24. 24What can cause a contract to become voidable?Duress
    Under Influence
    Misrepresentation

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Flashcards on Contract Law 1, created by Pieter Bosman on 29/10/2015.
Created by
Pieter Bosman
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