1. Business law workshop
B Com Mkt/hrm
April 2019

2. Introduction
Lecturer/Facilitator Andrew Tucker B Com LLB, Attorney of the High Court of South Africa Contact details:

3. Course overview Introduction to business law Law of contract
Law of sale
Law of lease
Law of insurance
Labour law

4. Resources

5. Books
Fouché, M.A. (et al). Legal Principles of Contracts and Commercial Law, Revised 6th edition, 2007, Lexis Nexis
Havenga, P (et al). General Principles of Commercial Law, 6th edition, 2007, Juta
Kopel, S Guide to Business Law, 4th edition, 2009 or 5th edition, 2012, Oxford University Press
Gibson, JTR. South African Mercantile and Company Law, 8th Edition, 2003, Juta.
Scott J (et al) The Law of Commerce in South Africa, 2009, Oxford University Press.

6. resources www.saflii.org www.cipc.co.za www.dti.gov.za

7. Introduction to law The three branches of government Origins of SA law
Natural persons and legal persons
Sources of law

8. Sources of SA law Contitution Legislation Judicial precedent
Common law
Customary law

9. Real and personal rights
Real rights (eg: ownership)
Personal rights (eg: contractual)
Object of a real right is a corporeal
Absolute, right of hot pursuit
Do not lapse on death of holder
Flow from juristic acts such as transfer or cession
Enforceable against all
Object is personal security, bodily integrity or freedom
Not absolute – only enforceable against specific persons
Lapse on death of holder
Flow from contract or delict

10. What is a contract – general discussion
All contracts are agreements but not all agreements are contracts

11. Requirements of a contract
Lawfulness
Contractual capacity
Consensus
Serious intention
Communication of intention
Certainty
Parties of same mind
Possibility of performance
Formalities
Requirements of a contract

12. Some concepts Offer and acceptance – pages 26-27 Mistake – pages 27-28
Misrepresentation – page 28-29
Duress – page 29-30
Undue influence – pages 31

13. Contractual capacity Age Marriage Intoxication Prodigals Insolvency
inanity

14. Suspensive and resolutive conditions
Suspensive condition – suspends contract pending occurrence of something
Resolutive condition – contract will end if something happens

15. Positive malperformance
Types of breach
Mora debitoris
Mora creditoris
Repudiation
Positive malperformance
Prevention of performance

16. Remedies for breach Specific performance – when will court grant?
Cancellation – when can you cancel?
Damages – only patrimonial and duty to mitigate
Interdict

17. Termination of the contract
See pages 40-43
What is prescription?

18. Law of sale
Essentials
Agreement to deliver a certain thing at a specific price
Effect of the CPA
Requirements for transfer of ownership – page 49
Delivery

19. Forms of constructive delivery
Symbolic delivery
Delivery with the long hand
Delivery with the short hand
Constitutium possesorium (transfer of possession)
Attornment
Forms of constructive delivery

20. The transfer of risk What is risk?
Risk passes as soon as the sale is perfecta
When is the sale perfecta?

21. The common law warranties
Warranty against eviction
Warranty against latent defects
The common law warranties

22. The law of lease
Use and enjoyment of the property
Duration
Rent

23. Duties of the lessor and lessee
To deliver the property
To maintain the property
Undisturbed use
To pay the rent
Proper use of the property
To care for the property
To vacate and restore the property

24. Termination of the lease
When does the lease terminate?
The concept of huur gaat voor koop

25. Insurance law Indemnity & non-indemnity insurance
The concept of insurable interest
Promissory & affirmative warranties
Ubermae fides
Subrogation

26. Labour law The concept of an employee and an independent contractor
Why is it important to be able to tell the difference?
The various factors creating a presumption of employment
The tests applied by the courts

27. Duties of the employer To accept the employee into service
To provide the employee with work (if necessary)
To pay the agreed wage
To provide safe working conditions
To comply with legislation

28. Duties of the employee To make services available personally
To obey lawful commands
To warrant competence and efficiency
To be subordinate to the employer
To refrain from misconduct
To act in good faith
Duties of the employee

29. dismissal The three grounds Misconduct Incapacity
Operational requirements
Procedural & substantive fairness
Automatically unfair dismissals

30. legislation
BCEA
LRA
EEA