Law of Contract
A Practical Course for Business Professionals
The Law of Contract short course equips entrepreneurs, leaders and managers (in the private or public sector, as the case may be) with essential knowledge and skills related to the application of South African contract law to various business situations. The focus is on those aspects that are most likely to be encountered or, in some cases, personally applied in practice, including various specific contracts. The course is strongly oriented towards hands-on application through analysing actual cases and solving real-world problem scenarios.The course is specifically designed for:
- Leaders and Managers
- Business professionals
Upon completion of the course, you will be able to:
- Describe the concept ‘law’ and the place of the law of contract and commercial law therein, and understand what the most important sources of South African Law are.
- Explain the requirements for a valid offer and acceptance (in a variety of forms) in reaching consensus, and be able to apply the remedies available in the case of mistake, misrepresentation, duress or undue influence.
- Demonstrate his or her understanding of the rules regarding the contractual capacity of various persons and to evaluate the effects of a relevant party acting without contractual capacity or beyond the scope of his or her limited contractual capacity.
- Describe the concept of contractual legality and provide examples of illegal agreements, and explain the concept of restraint of trade and assess its validity or invalidity in a particular instance.
- Distinguish between initial and supervening forms of objective impossibility of performance, and discuss the effects of various instances of impossibility on the agreement or contract.
- Identify the formalities prescribed in respect of certain contracts and explain the effect of non-compliance with any prescribed formalities on the validity of a contract.
- Assess the consequences of void ‘contracts’ and voidable contracts, and apply the ex turpi causa rule and the par delictum rule.
- Discuss the liability of co-debtors and describe the details of a stipulatio alteri, as well as the process and consequences of cession, delegation and assignment.
- Identify and explain, with reference to case law, the following common contents in contracts in practice: essentialia; naturalia; incidentalia; essential terms; non-essential terms; express terms; implied terms; suspensive conditions; resolutive conditions; time clauses; and guarantees.
- Demonstrate a sound understanding of the requirements of the five forms of breach of contract (providing practical examples) and apply the remedies related to each form with reference to case law.
- Explain the nature and effect of common concepts related to termination of contracts (including fulfilment, prescription, set-off, merger, waiver, novation, insolvency and death) and discuss practical examples with reference to case law.
- Evaluate the practical impact of the Consumer Protection Act and the National Credit Act on certain contracts, and explain the rights and key provisions contained therein.
- Describe the rights and duties of the parties to a contract of sale, and how and when ownership is transferred, and also to demonstrate a sound understanding of the impact of the Consumer Protection Act on the relevant aspects of contracts of sale.
- Analyse a variety of practical case scenarios involving a selection of specific contracts (including construction and services contracts), and understand the case law related to the application of the relevant contractual principles.