SEMESTER 1

LEARNING GUIDE

COMMERCIAL LAW 1A
(COL41A1)

2024

PROF. EESA FREDERICKS (HOD)

MRS CARA HENDERSON (APK)
DR. SAMANTHA HUNEBERG (APK)
MR. JENTLEY LENONG (APK)
DR. YOLANDI MEYER (SWC)
MR. SERSHIV REDDY (APK)

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 FACULTY OF LAW

COMMERCIAL LAW 1A - STUDY GUIDE 2024

i. Introduction and details of lecturer

ii. Study material
iii. Module programme for semester 1 in 2024
iv. Attendance
v. Assessments
vi. Admission and performance requirements
vii. Module outcomes

i. Introduction and details of lecturers

Commercial Law 1A is a semester course in which the laws of contract, the requirements
for a valid contract as well the laws of agency and mandate are investigated. These topics
will also be discussed in that order. This course has five (5) lecturers with Prof. Eesa
Fredericks as the Head of Department. Mr. Sershiv Reddy is the course co-ordinator.
Please contact him for general queries regarding this course.
Lecturers: Consulting hours: Telephone numbers Email:
& Office Location:
Samantha Tuesday: 10:30 - 011-559 4117 shuneberg@uj.ac.za

Huneberg 13:30 A Ring 629A

Wednesday:
11:25-14:25
Cara Monday: 8:00 – A Ring 6 carah@uj.ac.za

Henderson 9:15 (online)

Thursday: 9:45 –
14:30(on campus)
Sershiv Monday: 8:45 – 011-559 2124 sreddy@uj.ac.za

Reddy 10:25 A Ring 636

Wednesday: 8:45
– 13:15

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 Yolandi Tuesday: 9:00 – 011-559 5206 yolandim@uj.ac.za

Meyer SWC 12:00 A Ring 6

Thursday: 9:30 –
12:30
Jentley Tuesday: 9:45 – 011-559 4753 jentleyl@uj.ac.za
12:45
Lenong A Ring 635
Wednesday:
9:00-12:00

*Please ensure that you check announcements daily to see if any consultation
dates and times have changed.
Lecture times and venues:
The following information is provided as general guidance. It is the responsibility of every
student to affirm the correctness of the dates, times, venues and other relevant assessment
information.
DAY TIME VENUE LECTURER
THURSDAY 13:00-14:40 T W KAMBULE Y.MEYER (DR)
ROOM A4 (SWC)
MONDAY 10:30-12:05 D1 LAB K11 (APK) S.REDDY (MR)

TUESDAY 08:00-9:35 A LES G01 (APK) J. LENONG (MR)

WEDNESDAY 09:40-11:15 D LES 201 (APK) S.HUNEBERG (DR)

THURSDAY 08:00-09:35 D1 LAB K08 (APK) C.HENDERSON

(MRS)

ii. Study material

Your prescribed study material for this module comprises the following:
▪ Study guide;
▪ Schulze, Kelbrick, Manamela, Stoop, E Manamela, Hurter, Masuku and Churr General
Principles of Commercial Law 9th ed Juta (2019) (hereinafter referred to as General
Principles of Commercial Law).
▪ Please refer to Ulink for any additional information that you may require for this course.
The lecturers very often place important announcements on this resource.

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You have to use this study guide in conjunction with the textbook. Keep in mind that the
study guide may replace or expand on certain sections of the textbook or draw your
attention to inaccuracies.

iii. Module programme 2024

WEEK CONTENTS
Week 1 Admin issues & Introduction to law
12/3 –16/2
Week 2 Science of law
19/2 – 23/2
Week 3 Science of law continued and Introduction to
22/3 – 26/3 contracts
Week 4 Consensus
26/2 – 01/3
Week 5 Contractual Capacity
04/3 – 08/3
Week 6 Legality and physical possibility
11/3 – 15/3
Week 7 Formalities and Revision for Test 1
18/3 – 20/3
RECESS THURSDAY 21 MARCH – MONDAY 1 APRIL
Week 8 Terms of a contract
02/4-07/4
TEST 1 4 APRIL
Week 9 Terms of a contract continued and Interpretation of
08/4– 12/5 Contracts
DEFERRED 15 APRIL
TEST 1
Week 10 Transfer and termination of personal rights
15/4 – 19/4
Week 11 Breach of contract
22/4 –26/4
Week 12 Revision for test 2
29/4 – 03/5
TEST 2 6 MAY
Week 13 Remedies for breach of contract
06/5 – 10/5
Week 14 Agency
13/5 – 17/5
DEFERRED 20 MAY
TEST 2
Week 15 EXAM REVISION
20/5 – 24/5
13 June 2024 EXAM (to be confirmed)

The dates in this lecture programme are guidelines only and may be amended
depending on actual progress.
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iv. Attendance
It is compulsory to attend lectures and tutorials.

v. Assessments

In addition to the examination, there will be 2 formal assessments in the semester. There
will also be online tutorials which must be completed and these will be communicated to
students via Moodle. Please ensure that you check the announcements posted on Moodle
regularly as this is our main method of communication with you.

Semester tests and examination dates:

The following information is provided as general guidance. It is the responsibility of every

student to affirm the correctness of the dates, times, venues and other relevant assessment
information.

Assessment 1
▪ 4 April 2024
▪ This test contributes 40% of the semester mark.
▪ Time and venues for this test will be posted on Moodle.

Assessment 2
▪ 6 May 2024
▪ This test contributes 40% of the semester mark.
▪ Time and venues for this test will be posted on Moodle.

Composition of Semester Mark

The final year mark will be made up as follows:
Assessment 1 – 40%
Assessment 2 – 40%
Tutorials and online tutorial assessments –20%.

Tutorials
▪ Each student must ensure that they sign up for a tutorial. The guidelines for
signing up for tutorial groups will be posted on Moodle. Please read the instructions
carefully before signing up.

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 ▪ An attendance register will be taken at all tutorials and all students must attend
tutorials.
▪ Copies of the tutorial exercises will be placed on Moodle. Please prepare
accordingly.
▪ There will also be online tutorial tests posted on Moodle. Please ensure that you
check Moodle for when these tests are posted and complete these tests within the
stipulated time.

Sick test
The sick test for those who qualify in respect of either the first or second test will take
place soon after the respective tests. The dates, times and venues will be announced on
Moodle. Please submit an application for the sick test within 96 hours (4 business
days) of the main test. All sick test applications will be dealt with by the Law Faculty
on Aring 7. All sick test applications must be handed in at Aring 7.

The dates and times for the sick tests will be posted on Moodle. Please ensure
that you check the announcements for these communications.

Examination
13 June 2024 (16:30 -18:30) has been scheduled as the examination date. It remains your
responsibility to verify the date and venue on the official timetable or your student portal.

vi. Admission and performance requirements

▪ Admission to exam: 40%.

▪ Pass mark (semester mark + exam mark): 50%.
Note: Sub-minimum: A sub-minimum of 40% is required in the examination.

vii. Module outcomes

Commercial Law 1A (COL41A1)

NQF level: 6
Credits: 16

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Purpose: A student who completes this module should be able to understand the various
differentiations in the law of South Africa. The module will however, focus mainly on the
law of contract.

TOPIC PAGE
1. INTRODUCTION TO SOUTH AFRICAN LAW 7
2. THE SCIENCE OF ‘LAW’ 8
3. INTRODUCTION TO LAW OF CONTRACT 8
4. CONSENSUS 8
5. CONTRACTUAL CAPACITY 9
6. LEGALITY AND PHYSICAL POSSIBILITY 9
7. FORMALITIES 9
8. TERMS, INTERPRETATION AND TRANSFER AND 9
TERMINATION OF PERSONAL RIGHTS
9. BREACH OF CONTRACT & REMEDIES FOR BREACH 10
10. AGENCY 10

Unit 1: INTRODUCTION
1.1. THE SOUTH AFRICAN LEGAL SYSTEM (CHAPTER 1)
1.1.1 HISTORY OF THE SOUTH AFRICAN LEGAL SYSTEM
Study General Principles of Commercial Law Ninth Edition par. 1.11 (1.1.1-1.1.3)
1.1.2 SOURCES OF LAW
Study General Principles of Commercial Law Ninth Edition par. 1.2 (1.2.1-1.2.6)
1.1.3 COURT STRUCTURES
Study General Principles of Commercial Law Ninth Edition par. 1.3 (1.3.1-1.3.7)
1.1.4 DOCTRINE OF STARE DECISIS
Study General Principles of Commercial Law Ninth Edition par 1.4.1 - 1.4.3
1.1.5 INTERPRETATION OF STATUTES
Study General Principles of Commercial Law Ninth Edition par 1.5 (1.5.1-1.5.4)
1.1.6 COURT JUDGEMENTS
Study General Principles of Commercial Law Ninth Edition par 1.6 (1.6.1-1.6.4)
1.1.7 LEARNING OBJECTIVES
After studying the prescribed work, you should be able to:
• Understand the origins of the South African legal system;

1 Take note that when you are referred to study or read a particular paragraph, it includes all sub-
paragraphs under that paragraph.
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 • Name and explain the various South African sources of law;
• Understand the hierachy of the South African court structure;
• Explain the concept stare decisis in relation to decisions of the courts;
• Explain the influence of the Constitution on the interpretation of statutes;
• Differentiate between the terms ratio decidendi and obiter dictum.

1.2. INTRODUCTION TO THE SCIENCE OF LAW (CHAPTER 2)

i. THE TERM “LAW”
Study General Principles of Commercial Law Ninth Edition par. 2.1 (2.1.1-2.1.2)
ii. PRIVATE LAW
Read General Principles of Commercial Law Ninth Edition only par. 2.2.1 – 2.2.4.3
(all Self-study)
Study General Principles of Commercial Law Ninth Edition par. 2.2.4.4
iii. LEARNING OBJECTIVES
• Understand the differences between public and private law;
• Understand what is meant by the term ‘rights’;
• Differentiate between a natural person and a juristic person;
• Name and explain the 4 different types of subjective rights;
• Explain what is meant by the law of obligations;
• Define a delict and identify the elements of a delict.

UNIT 2: INTRODUCTION TO THE LAW OF CONTRACT

CHAPTER 3 and 26: Study General Principles of Commercial Law Ninth Edition par.
3.1, 3.2, 3.3, 3.4 (including all sub-headings under those paragraphs) and paragraph
26.8.3. (Smart Contracts).
2.1 CONSENSUS (CHAPTER 4)
Study General Principles of Commercial Law Ninth Edition par. 4.1
Study General Principles of Commercial Law Ninth Edition par. 4.2.1, 4.2.2,
4.2.3.1, 4.2.4 (self-study), 4.3, 4.4 (all sub-headings under 4.4. must be studied)

2.2. CONTRACTUAL CAPACITY (CHAPTER 5)

Study General Principles of Commercial Law Ninth Edition par. 5.1, 5.2, 5.3, 5.4,
5.5, 5.6, 5.7

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 2.3 THE AGREEMENT MUST BE POSSIBLE (LEGAL AND
PHYSICAL POSSIBILITY OF PERFORMANCE) (CHAPTER 6)
Study General Principles of Commercial Law Ninth Edition par. 6.1, 6.2, 6.3 (study
all sub-paragraphs but note that only paragraph 6.3.2. is self-study)
2.4 FORMALITIES (CHAPTER 7)
Study General Principles of Commercial Law Ninth Edition par. 7.1, 7.2, 7.3
2.5 LEARNING OBJECTIVES
After studying the prescribed work, you should be able to:
• Provide the definition of the term contract;
• Identify the requirements of a valid contract;
• Explain the effect that the Constitution has on a contract;
• Understand the validity of electronic contracts;
• Explain and understand the concept of smart contracts;
• Explain the concept of ‘consensus’;
• The effects of an offer and an acceptance on the validity of a contract;
• Name and explain the various defects in consensus;
• Name and explain the factors affecting contractual capacity;
• Explain the legality of contracts;
• Differentiate between objective and subjective impossibility of performance;
• Understand the formalities of a contract.

UNIT 3: TERMS, INTERPRETATION, TRANSFER AND

TERMINATION OF CONTRACTS
3.1 CONTRACTUAL TERMS (CHAPTER 8)
Study General Principles of Commercial Law Ninth Edition par. 8.1, 8.2, 8.3, 8.4, 8.6,
8.8, 8.9.1, 8.10, 8.12
3.2 INTERPRETATION OF CONTRACTS (CHAPTER 9)
Study General Principles of Commercial Law Ninth Edition par. 9.1 – 9.2 (self-study
all paragraphs)

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 3.3 TRANSFER AND TERMINATION OF PERSONAL RIGHTS
(CHAPTER 12)
Study General Principles of Commercial Law Ninth Edition par. 12.1, 12.2, 12.3 (self-
study), 12.4 (self-study), 12.5, 12.6, 12.7, 12.8 (self-study all sub-paragraphs:
refer to lecture on physical possibility), 12.9.
3.4 LEARNING OBJECTIVES
After studying the prescribed work, you should be able to:
• Identify and explain the various contractual terms;
• Recognise the principles of interpretation;
• Discuss the various forms of transfer of personal rights;
• Determine the various ways in which contracts can be terminated.

UNIT 4: BREACH AND REMEDIES

4.1 BREACH OF CONTRACT (CHAPTER 10)
Study General Principles of Commercial Law Ninth Edition par. 10.1, 10.2, 10.3, 10.4,
10.5, 10.6
4.2 REMEDIES FOR BREACH OF CONTRACT (CHAPTER 11)
Study General Principles of Commercial Law Ninth Edition par. 11.1, 11.2, 11.3 (study
all sub-paragraphs but note that self-study par 11.3.6 and 11.3.7.), 11.4
(study all sub-paragraphs but self-study only par 11.4.5)
4.3 LEARNING OBJECTIVES
• Distinguish between the different forms of breach of contract;
• Discuss the main remedies for breach of contract.

UNIT 5: AGENCY
5.1. INTRODUCTION TO MANDATE AND AGENCY RELATIONSHIP
(CHAPTER 20)
Study General Principles of Commercial Law Ninth Edition par. 20.1, 20.2 (self-
study all sub-paragraphs), 20.3
5.2 LEARNING OBJECTIVES
• Understand the concept of mandate;
• Define agency;
• Describe the relationship between the principal and agent.

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