Commercial Law Study Guide

Topics: Law, Common law, Civil law Pages: 166 (49430 words) Published: September 16, 2013
GUIDE

COMMERCIAL LAW IA
COMLAW 270/
30411

COMMERCIAL LAW IA
COMLAW 270/
30411

COPYRIGHT: CACC

COMMERCIAL LAW

SYLLABUS

This course consists of 9 study units

SECTION 1: INTRODUCTION AND GENERAL PRINCIPLES

Study Unit 1Introduction to the course, the study of the subject and to the South African legal system Study Unit 2General principles of the law of contract

SECTION 2: SPECIFIC CONTRACTS

Study Unit 3The contract of purchase and sale
Study Unit 4The contract of letting and hiring
Study Unit 5The contract of insurance
Study Unit 6 The contract of agency

SECTION 3: OTHER COMMERCIAL LAW INSTITUTIONS

Study Unit 7Instruments of payment
Study Unit 8Arbitration
Study Unit 9 Insolvency

Duration of the course: one Semester

SECTION 1

INTRODUCTION AND GENERAL PRINCIPLES

- oOo-

STUDY UNIT 1

INTRODUCTION TO THE COURSE,
THE STUDY OF THE SUBJECT, AND TO THE

SOUTH AFRICAN LEGAL SYSTEM

CONTENTS

1
LEARNING OUTCOMES
2
ICONS
3
THE IMPORTANCE OF THE STUDY OF COMMERCIAL LAW
4
THE MARKET AND ORDERLY BEHAVIOUR
5
THE LAW AND ITS CLASSIFICATION
6
THE ORIGINS AND SOURCES OF SOUTH AFRICAN LAW
AND ITS JUDICIAL SYSTEM
7
THE JUDICIAL SYSTEM OF SOUTH AFRICA
8
DUE PROCESS
9
METHODS OF STUDY AND SELF-ASSESSMENT
10
STUDY AIDS
11
EXERCISES, PROJECTS, TASKS AND ASSIGNMENTS
12
EXAMINATIONS
13
SELF-ASSESSMENT QUESTIONS

DETAILED INDEX: STUDY UNIT 1

1LEARNING OUTCOMES
2ICONS
3THE IMPORTANCE OF THE STUDY OF COMMERCIAL LAW
4THE MARKET AND ORDERLY BEHAVIOUR
5THE LAW: DEFINITION AND CLASSIFICATION
5.1A CLASSIFICATION OF LEGAL RULES
5.2A CLASSIFICATION OF RIGHTS
5.3APPLYING THE THEORY TO A TRANSACTION
5.4NOTES AND THOUGHTS ON THE TRANSACTION OF A LIFETIME
6THE ORIGINS AND SOURCES OF SOUTH AFRICAN LAW
AND ITS JUDICIAL SYSTEM
6.1THE COMMON LAW OF SOUTH AFRICA
6.2JUDICIAL PRECEDENT
6.3STATUTE LAW
7THE JUDICIAL SYSTEM OF SOUTH AFRICA
7.1TWO LEVELS OF THE JUDICIARY
7.1.1The Lower Courts
7.1.2The Superior Courts
8DUE PROCESS
8.1SUMMONS
8.2APPEARANCE TO DEFEND AND FURTHER PROCESS
8.3SERVICE OF PROCESS
8.4THE COURSE OF APPEALS
9METHODS OF STUDY AND SELF-ASSESSMENT
9.1REPETITION WITH A PURPOSE
9.2SUMMARISING
9.3SELF-ASSESSMENT
10STUDY AIDS
11EXERCISES, PROJECTS, TASKS AND ASSIGNMENTS
12EXAMINATIONS
13SELF-ASSESSMENT QUESTIONS

ENDNOTES: STUDY UNIT 1
ANNEXURES
THE CONSTITUTION OF THE REPUBLIC OF SA (AN EXCERT)
THE SUPERIOR COURTS OF SA
THE MAGISTRATE’S COURTS ACT, ACT 32 OF 1944: RULE 9
SUMMONS COMMENCING ACTION (ORDINARY)
NOTICE OF INTENTION TO DEFEND
REQUEST FOR FURTHER PARTICULARS
FURTHER PARTICULARS
DEFENDANT’S PLEA
PLAINTIFF’S REPLY TO DEFENDANT’S PLEA
SELF-ASSESSMENT QUESTIONS

INTRODUCTION TO THE COURSE,
THE STUDY OF THE SUBJECT, AND TO THE
SOUTH AFRICAN LEGAL SYSTEM

1LEARNING OUTCOMES
After completing this study unit, you must be able to do the following:

State the contents of the course syllabus.
Explain some of the advantages of a study of Commercial Law. Explain some of the functions of the law in a market economy. Explain the broad classifications of the law. □Define Commercial Law, outline its aims and discuss the scope of the subject in the light of the scope of the course. □Explain some of the aspects of the origins and sources of South African law and its judicial system. □Issue summons in the magistrate’s court for the collection of a liquid debt, enter an appearance to defend if served with a summons and explain the most important aspects of the process of debt collection up to execution upon judgement. □Make use of the study methods, study...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Commercial Law Case Study Essay
  • Study guide Essay
  • Essay about Case Study: Commercial Law
  • Criminal Law Study Guide Essay
  • Essay on Business Law Case Study
  • Commercial Law Essay
  • Essay about law case study
  • business law case study Essay

Become a StudyMode Member

Sign Up - It's Free