Essential elements of legal system

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 puru_test asked over 1 year ago

What are the essential elements of legal system?

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Vijay answered over 1 year ago

A ESSENTIAL ELEMENTS OF THE LEGAL SYSTEM

1. Law and the legal system

a) Define law and distinguish types of law.

b) Explain the structure and operation of the courts.

2. Sources of law

a) Explain the various sources of law.

b) Explain what is meant by case law and precedent within the context of the hierarchy of the courts.

c) Explain legislation and evaluate delegated legislation.

d) Illustrate the rules and presumptions used by the courts in interpreting statutes.

e) Discuss how to interpret a court judgement.

3. Human rights and the Constitution

a) Identify the concept of human rights as expressed in the Constitution of South Africa.

b) Explain the impact of human rights law on statutory interpretation.

c) Explain the impact of human rights law on the common law.

B THE LAW OF OBLIGATIONS

1. Formation of contract

a) Analyse the nature of a contract.

b) Explain the requirements of a valid contract.

c) Explain the meaning of offer and acceptance and an invitation to do business.

d) Explain the meaning and consequence of acceptance.

e) Explain the concept of the intention to be bound by a contract.

f) Analyse the concept of sanctity of contract.

g) Analyse capacity to perform juristic acts.

h) Explain possibility and certainty of performance,

 2. Content of contracts

a) Distinguish terms from mere representations.

b) Define the various contractual terms.

c) Explain the effect of exclusion clauses and their control.

d) Explain the various conditions that can be attached to a contract.

3. Breach of contract and remedies

a) Explain the meaning and effect of breach of contract.

b) Explain the rules relating to the award of damages.

c) Analyse the remedies for breach of contract.

d) Demonstrate an understanding of consumer protection in general terms.

4. The law of delict and professional negligence

a) Explain the meaning of delict

b) Identify instances of delict including unlawful competition, provocation, ‘passing off’, negligence and professional negligence.

c) Explain the wrongfulness concept and its breach.

d) Explain the meaning of causality and remoteness of damage.

e) Discuss defences to actions in negligence.

f) Explain and analyse the duty of care of accountants and auditors.

C EMPLOYMENT LAW

1. Contract of employment

a) Distinguish between employees and the selfemployed.

b) Explain the nature of the contract of employment and give examples of the main duties placed on the parties to such a contract.

2. Dismissal, unfair labour practices and redundancy

a) Distinguish between wrongful and unfair dismissal including constructive dismissal.

b) Explain the meaning of redundancy.

c) Discuss the remedies available to those who have been subject to unfair dismissal, unfair labour practice or redundancy.

 D FORMATION AND CONSTITUTION OF BUSINESS ORGANISATIONS

1. Agency law

a) Define the role of the agent and give examples of such relationships, paying particular regard to partners and company directors.

b) Explain the formation of agency relationship.

c) Define the authority of the agent.

d) Explain the potential liability of both principal and agent.

2. Partnerships

a) Demonstrate a knowledge of the law governing the partnership.

b) Discuss the formation of a partnerships.

c) Explain the authority of partners in relation to partnership activity.

d) Analyse the liability of various partners for partnership debts.

e) Explain the termination of a partnership and partners’ subsequent rights and duties.

3. Corporations and legal personality

a) Distinguish between sole traders, partnerships, close corporations and companies.

b) Explain the meaning and effect of limited liability.

c) Analyse different types of companies, including profit and non-profit companies.

d) Illustrate the effect of separate personality.

e) Recognise instances where separate personality will be ignored.

f) Explain the personal liability of members of a close corporation.

g) Explain the effect of legislation on the existence of close corporations.

4. The formation and constitution of a company

a) Explain the role and duties of company promoters, and breach of those duties and remedies available to the company.

b) Explain what a pre-incorporation contract entails.

c) Describe the procedure for registration and incorporation of companies.

d) Describe the criteria, registration and changing of company names.

e) Describe the statutory books, records and returns that companies must keep or make.

f) Explain the content and effect of the memorandum of incorporation and the rules of a company.

g) Analyse the legal status of the memorandum of incorporation and the rules of a company.

h) Explain how the memorandum of incorporation can be amended.

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