School of Law

Course Outline: Introduction to Commercial Law

LAWS1IC: 2023

The School of Law is committed to equal participation and inclusion of students with disabilities. Should you
require reasonable accommodation measures to assist you in this module, kindly contact the administrative
assistant, the coordinator or any of the lecturers via email as soon as possible. Whether or not you have registered
with the Disability Unit, please ensure that you contact us so we are aware of your needs in this module. All
disclosure or communication in this regard is confidential and private.

Reasonable accommodations at university are ways in which the learning environment can be adapted to support
student’s individual needs and does not only refer to adaptations to test and examination conditions. Reasonable
accommodation applies to students with mobility impairments, psycho-social (mental illness such as depression
and anxiety) and learning disabilities (including ADHD, dyslexia, etc.), and also extends to students who
experience chronic illnesses and temporary illness or impairment, amongst others.

For information about disability and reasonable accommodation please contact:

The Disability Support Unit:
Howard College campus 031 260 3070, located at Student Union, Ground Floor, Rick Turner Building
Pietermaritzburg campus 033 260 5065, located at the Main Campus, 2 Milner Road.

For psychological support or guidance in managing your disability please contact:

The Disability Support Unit
Howard College campus 031 260 3070
Pietermaritzburg campus 033 260 5065
Westville campus 031 260 7706

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Intro to Commercial Law Semester 2 2023

Welcome and Introduction

Welcome to Introduction to Commercial Law (LAWS1IC).

We hope that you enjoy your studies this semester. This introduction will set out the basic requirements
for this module, as well as what will be expected of you.

This course is an introduction to law and basic commercial transactions and will help you to develop
skills that you will find useful no matter what career path you choose, be it business, administrative or
social. During this semester you will develop the skills needed in order to analyse and solve legal
problems you may encounter in your chosen career. The emphasis in this course is on learning about our
legal system, its classification and structures, whilst taking into consideration the relevant legislation.
We will also focus on the Law of Contracts.

We expect you, the student, to actively participate in the learning process so as to gain the maximum
benefit. We hope you do so and that you achieve all that success that you deserve. Good luck!

Why do we study law?

Law is defined as “a body of rules governing human conduct that is recognised as binding by the state
and where necessary enforced”.

Every day we encounter numerous laws that, in one way or another, determine and control our
relationships with other people and things around us. These laws include laws of nature, science, and
economics and so on. Our focus in this course is on those laws which regulate the legal relationships
between human beings especially in the field of commerce.

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Purpose and objectives/outcomes of this module

The aim of the course is not to make lawyers out of accounting students. Rather, the intention is to
demonstrate that rules of law have to be applied by human beings to real life situations. Law, as a field
of study, and as a profession, deals with problem solving.

The purpose of this module is to provide non-law students with a basic understanding of the South
African legal system and of the general principles of the law of contract, as well as of some specific
contracts.

Commercial law is the body of law which governs the broad areas of business, commerce, and consumer
transactions. It is typically considered a branch of civil law with private law and public law implications.

After completing this module students should be able to:

• define and explain certain aspects of the South African legal system including sources of law,
classification of law, hierarchy of courts and parties in the legal system;
• define, explain and apply the general principles of the law of contract including capacity,
agreement, terms, formalities, voidable contracts, performance and breach;
• define, explain and apply the principles of certain specific contracts including, sale, lease, credit
agreements, insurance, agency and security;
• present written arguments on the concepts, principles and rules of the relevant law so as to
demonstrate an understanding of the relevant concepts, principles and rules taught;
• analyse factual scenarios so as to identify the nature of the problem, set out the appropriate legal
concepts, principles and rules and correctly apply these concepts, principles and rules so as to
demonstrate an understanding of the relevant concepts, principles and rules.

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Roles and Responsibilities

There are going to be contact lectures for this module. Material is delivered through the blended teaching
and learning mode. This is done by having a combination of contact classes and online resources and
activities. Each student must attend all lectures because lectures are compulsory. There shall also be
consultations available. A consultation is not a Lecture, but it is an opportunity for you to engage with
the lecturer and seek clarifications on any materials taught through other means. Below is your weekly
lecture schedule;

GROUP R1 GROUP R2
MONDAY 0745- 0830 T5 1030-1210 T6
TUESDAY 1410- 1550 T5 0745-0830 T6

THURSDAY 1030-1115 T5 1315-1400 T6

If I have any problems, what do I do?

The students are advised to remember that the staff and members of the University are here to help
through difficult times and provide guidance and assistance. Your lecturers will be available for
individual consultation and to attend to general enquiries. However, if you would like to meet the
lecturers, you are encouraged to set an appointment via email first.

Consultations
If you have problems with any aspect of the material being taught, please speak to the relevant lecturer
during his/her consultation times or via appointment. If you have any problems in relation to the module
in general, please speak to the course co-ordinator during his consultation times or via appointment.
Please speak up as soon as the problem arises, and not when it becomes too late to rectify the problem.
Don’t wait until just before an assessment is due to be written or handed in! Be proactive and seek help!

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Intro to Commercial Law Semester 2 2023

When you come to speak to us for help with an area of the module, we expect you to bring with you the
lecture notes you have taken as well as any other work you have done. We are prepared to do whatever
we can in order to help a student who is making an effort and is working in this module.

Grievances procedure
If you have any problems relating to the module, please ensure that you follow the following process to
avoid unnecessary escalation of the matter:
• Step 1 : The class representative (if the matter is not of a personal nature) or student must direct the
query to the lecturer and/or administrator of the module. Students should allow for up to 3 days for a
response.
• Step 2 : If the query is not resolved. The class representative (if the matter is not of a personal nature)
or student must direct the query with the response given from step 1 to the module co-ordinator. Students
should allow for up to 3 days for a response.
• Step 3 : If the query is not resolved. The class representative (if the matter is not of a personal nature)
or student must direct the query with the responses given from steps 1 and 2 to the Academic Leader of
the cohort. Students should allow for up to 3 days for a response. The intervention of the SRC may be
sought at this step.
• Step 4 : Academic Leader of the cohort based on his/her discretion will refer the matter on behalf of
the student to the Academic Leader of the Teaching and Learning. Students should allow for up to 3 days
for a response.
• Step 5: The Academic Leader for Teaching and Learning based on his/her discretion will direct the
query to the Dean. Students should allow for up to 3 days for a response.

If you are experiencing any difficulties with your studies, you are encouraged to contact any of the
following persons as soon as possible:

Lecturers
(a) Mr Herman Oosthuizen oosthuizena@ukzn.ac.za

(b) Dr Simbarashe Tembo tembos@ukzn.ac.za

Module Co-ordinator:
a) Dr Simbarashe Tembo tembos@ukzn.ac.za

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Intro to Commercial Law Semester 2 2023

Administrative queries:
a) Ms Gina Mshengu (031) 260 8036 MshenguG@ukzn.ac.za

Students will be advised of consultation times for assessments’ preparation and revision.

Notes/Textbook/Materials

Notes will be provided on LEARN2023 where necessary, however these should be supplemented by
your own reading. Lecture guidelines will be provided. Lectures may be delivered through visual audio
recording and/or PowerPoint presentations.

The prescribed text for this module is:

The Law of Commerce in South Africa, 2nd edition, 2015, Scott J et al, Oxford Publishers
ISBN 978 019 905 4732

Print Book:https://www.sherwoodbooks.co.za/product/law-of-commerce-in-south-africa/

eBook:https://www.sherwoodbooks.co.za/product/ebook-law-of-commerce-2e/

We also have a recommended textbook, for those of you serious about your studies and trying to gain
maximum understanding of the work covered. The recommended text for this module is:
General Principles of Commercial Law, 7th edition, 2010 Havenga et al, Juta Publishers

Important announcements and additional reading material will be placed on LEARN2023. Students have
an obligation to check LEARN2023 regularly.

How will I be assessed?

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Intro to Commercial Law Semester 2 2023

The assessment for this course will be based on your performance in blended learning assignments and
semester assessments.

There will be 3 Blended Learning class assignments during the semester, and you have to complete 2 of
them. The assignments will be placed on LEARN2023 and discussed during the weekly consultations.
It is important to attend the lectures in which the assignment is discussed as this is one of the pre-
requisites. The assignment will focus on topics touched in the lectures. These assignments will thereafter
be completed and submitted via LEARN2023, and you will receive a grade for each. PLEASE NOTE:
you have to submit the assignment on or before the due date. The blended learning assignments will
count for 10% of your final mark. If you fail to submit both assignments, you will receive a 0% for all
the blended learning assignments.

There will be Two tests during the semester. Students are required to write BOTH Tests. These tests
will be in-person and consist of multiple-choice questionnaires (MCQs). PLEASE NOTE that students
who miss a Test for a valid reason must apply for permission to write the eagrotat Test on LEARN2023
and submit supporting documentation.

Proposed Test Schedule:

Aegrotat test dates will only be made available to those who will have successfully applied for them.
(Please note that Assessment dates nad venues are provisional and can be changed to meet any new
developments. The scope and content for each Test will be communicated on LEARN2023 and during
lectures. Any clashes must be reported to your lecturer or Module Coordinator asap. Please refer to the
LEARN2023 notices for Test instructions.

Plagiarism, AI and Copyrights for academic material

You are NOT permitted to use any AI tool to generate answers to practice and/or assessment questions.
Please note that the dissemination of module material including inter alia outlines, handouts,
PowerPoint presentations etc. is not permitted. As a student of the university, you do not hold the
copyright in any of these materials, and may not share or upload these materials with any other person

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Intro to Commercial Law Semester 2 2023

or body. Copyright subsists in the module coordinator and university and action will be taken against
any student who is found to have perpetrated such conduct

ACTIVITY DURATION VALUE EXAMINER(S) DATE VENUE

Test 1 1-hour 15% Mr Oosthuizen 08 Sept 2023 TBA

Test 2 1- hour 15% Dr S Tembo 13 Oct 2023 TBA
Exam 3 hours 60% Oosthuizen and Tembo TBA TBA
2 Blended Learning Flexible 10% Oosthuizen and Tembo TBA LEARN2023
Assignments
Total Class Mark 100%

NB- All Tests are written from 4pm-5pm.

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Intro to Commercial Law Semester 2 2023

Week LECTURE CONTENT LECTURER

INTRODUCTION TO LAW AND LEGAL SYSTEMS
WEEK 1 Fundamental Concepts: Definition of Law, Legal personality, Main
Divisions of Law

Sources of Law, Categories of Law

Decolonisation of the Law Mr H
WEEK 2 Court Structure
Litigation, Legal Professionals & other Officers of the Court

BLENDED LEARNING ASSIGNMENT 1

GENERAL PRINCIPLES OF CONTRACT

WEEK 3 Definition and Formalities
Essential elements, Void and Voidable agreements
WEEK 4 Lawfulness and Serious Intention
Capacity to Contract
WEEK 5 Agreement/Communication: Offer and Acceptance
Consensus – Certainty
WEEK 6 Possibility of Performance
Breach and Termination
BLENDED LEARNING ASSIGNMENT 2
TEST 1 Mr Oosthuizen’s Section
SPECIFIC CONTRACTS
WEEK 7 Sale

WEEK 8 Credit Agreements

Dr S

WEEK 9 Insurance

TEST 2 Dr Tembo’s Section

BLENDED LEARNING ASSIGNMENT 3
WEEK 10 Agency

WEEK 11 Lease
WEEK 12 Security
Week 13 Revision Mr H