IURI 373

The Law of Contract

 IURI 373
The Law of Contract
Contact session 1 | Introduction
 Meet your lecturer(s)

• Three campuses
• Aligned module
Meet your lecturers
Mahikeng Campus
Mr Kabelo Mutubi
E-mail Address: kebelo.mutubi@nwu.ac.za
Telephone Number: -

Building and Office Number: Building A14, Office G20

Potchefstroom Campus
Prof Germarie Viljoen
E-mail Address: germarie.viljoen@nwu.ac.za
Telephone Number: 018 299 1931

Building and Office Number: Building F5, Office G06

Vanderbijlpark Campus
Ms Nirissa Reddy
E-mail Address: nirissa.reddy@nwu.ac.za
Telephone Number: 016 910 3631

Building and Office Number: Building A16, Office G06

 Study Material

• Textbook
• Hutchison and Pretorius (eds) The Law of Contract in
South Africa 4rd ed (Oxford Cape Town 2022)
• MOD (Study guide)
• Efundi (Lessons)
• Case law (as referred to in the textbook and as
communicated via eFundi)
• Academic articles (as communicated via eFundi)
 Assessment plan

• Participation mark
• Quizzes (SU 5 and SU 13)
• 4x Formative Assessments (4x Tests throughout the year)
• 1x Summative Assessment (1x Examination at the end of the year)
• Calculation of Participation mark
• The best three (3) out of four (4) formative assessments (tests) will count towards a
participation mark
• A minimum Participation Mark of 40% for admission to the examination.
• Calculation of Module mark
Best 3 out of the four will count
• Participation Mark (50%)
• Semester 1:
Should you miss any test for whatever
• Quizz 1 reason, that mark will fall away as the
• Test 1 – 50 marks
• Test 1 – 50 marks
weakest mark
• Semester 2:
• Quizz 2
• Test 3 – 50 marks
• Test 4 – 50 marks
• Summative Assessment/ Examination (50%)

You need a minimum examination mark of 45% to pass the module

You need a final module mark of at least 50% to pass the module
Lectures

• Face to Face (F2F)

• Two sessions per week
• Tuesdays 11:00-
12:45
• Fridays 14:30-15:45
• All classes are
compulsory
The work schedule has been set (see eFundi), but
remains a working document.
 How to be successful in IURI 373

Attend ALL your lectures – yes, also the Friday afternoon classes!

Do your own work

Do not trust other student’s notes – prepare your own

Learning outcomes

Do not wait until the day before a test/exam to start studying

Do not listen to those who did not pass the previous year…
Welcome to the module (1)

The Law of Contracts: Our daily transactions

• We enter various transactions daily

• Supermarket/ shopping
• Agreeing to pay for your groceries
• Utility payments
• Paying bills of electricity/ water
• Service subscriptions
• Gym/ cell phone providers
• Ticket purchases
• Buying a bus ticket or concert pass creates a contract)

Contracts: Definition

• A contract is an agreement entered into by parties creating a legal

obligation to perform somethingfor
Welcome to the module (2)
Understanding contracts
• Legally binding
• Contract creates enforceable promises, rights & obligations
between parties
• Rights and duties
• Grants specific rights and impose duties
• Types of contracts
• Written: Signed document like a lease agreement
• Oral: Verbal agreement, like a promise to pay back a loan
• Implied: Actions that show agreement, like paying at a
checkout
Engagement prompt

Can you think of a contract

you’ve recently entered?

What type was it?

….Examples of contracts
Employment contract

Acknowledgment of debt

Cohabitation Agreement

Sales Agreement

Lease Agreement

Lobolo Agreement https://www.youtube.com/watch?v=hvKINU1rPBk

Non-disclosure Agreement https://www.youtube.com/watch?v=iXi1OuLsjG4

Power of Attorney

Restraint of Trade Agreement

Rent to own Agreement

Credit Agreement…….
Welcome to the module (3)

• Contracts: The Fabric of Modern Society

• Social order
• Contracts as foundation of organised societal interactions/
fostering cooperations/ preventing conflict
• Political stability
• Enabling governance and civic engagement through
agreements
• Economic foundations
• Driving commerce and ensuring fair trade
• Engagement Question -
• How do you see contracts shaping our daily
interactions?
 Now that we know what a contract is
Let’s conclude our first contract
• Lecturer • Students
• Be prepared for lectures • Be prepared for lectures
• Cater for different learning • Treat co-students and
needs and strategies lecturer with respect
• Treat students with • Be prepared for
respect assessments
• Will deal with • Open for different points of
assessments as soon as view and to listen
possible and provide • To submit assignments in
feedback time
• Be available to students • To be in time for lectures
• Open for different points of • Additions…?
view
• Additions….?
Let’s get started…

Study outcomes

• Where can you find them?

• NB to be successful in this module!

Outcomes for SU 1 (Historical foundations and critical perspectives)

• The ability to demonstrate knowledge and informed understanding of the different sources
and various influences relevant to the historical development of the South African Law (and
the law of Contract).
• A coherent knowledge of relevant Roman law concepts as some of the foundations of the
South African law of contract.
• The ability to demonstrate knowledge and informed understanding of the manner in which the
notion of a contract evolved in the context of Africanisation, transformative
constitutionalism and social justice.
• A coherent knowledge of relevant case law and legislation that illustrate the development of
clear doctrines that brought the South African law of contract in line with the values of
fairness, reasonableness and justice.
• The ability to explain and apply the cornerstones of contract (including the principles of
freedom to contract, sanctity of the contract and the principle of privity of contract and its
effect on the parties to a contract).
• A clear understanding of the IPAC method which will be applied to solve problem-based
questions throughout this module.
 IURI 373
The Law of Contract
HISTORICAL FOUNDATIONS
 Learning Outcomes

After this lecture, and after engaging with the

materials and activities in this study unit, you should
have:
The ability to demonstrate knowledge and informed
understanding of the different sources and various
influences relevant to the historical development of
the South African Law (and the Law of Contract).
History (1)

What is history to How do you perceive

you? the fabric of history?
History (2)
• Components of history
• Societal dynamics
• Rise and fall of societies
• Cultural evolution
• Group interactions
• Beliefs and structures
• Development of religious, philosophical & social frameworks
• Power and governance
• How power struggles shape and are shaped by legal developments
• Historical impact
• Roman Influence
• Enduring legacy of Roman civilization on modern laws & governance
• South Africa’s milestone
• 1996 Constitution and UN re-entry on South African law & society
History encompasses the entire spectrum of human
experience, not just the well-trodden path of wars and
rulers…
History (3)

• Personal perspectives on history

• Is history universally perceived, or does it vary for
each individual?
• To what extent has your family’s, group’s or nation’s
history shaped who you are?
• Should you consider adopting histories beyond your
own to gain a fuller understanding?

"If you want to know who I am, if

you want me to teach you what I
know, forget for a while who you
are and what you know”
Old African saying
 Reflection

Share a piece of your history that you believe has

influenced your life significantly
Legal history: Its purpose and value

• Exploring foundations
• What does legal history mean to you?
• Relevance of the past
• Why is it important to study the historical development
of legal systems?
• Impact on present and future
• How does legal history inform our current legal
practices and future reforms?
Discussion & Reflection

• Discussion
• Share your perspective: Is the study of legal history
necessary? Why or why not?

• Reflection
• Understanding where we have been informs where
we are going in the pursuit of justice and equity
Understanding Legal history: Terminology

• Internal and external legal history

• Internal legal history
• Focuses on the evolution of specific rules/ laws/ or institutions
• Example: The development of the contract law from ancient times to the
present
• External legal history
• Considers the impact of societal factors on legal progressions
• Influences include culture, religion, philosophy, politics, economics and
the environment
• Legal historical method
• A dual approach that examines the evolution of legal concepts
(internal) within the context of societal influences (external)
• Example: How contract law has adapted over time due to changes in
cultural values and philosophical understandings
• Engagement prompt
• Reflect on current law: What external factors
do you think have shaped its development?
Evolving Legal Frameworks:
South Africa’s legal history (1)

• Time periods
• Pre-colonial Era (before 1652)
• African customary law – continuing relevance
• Colonial Era (1652-1994)
• 1652+: Introduction of Roman Dutch Law
• 1806: Adoption of English Law
• 1828+: Emergence of mixed legal system
• Post-colonial Era (post 1994)
• Constitution of the Republic of South Africa 200 of 1993
• Constitution of the Republic of South Africa, 1996
Evolving Legal Frameworks:
South Africa’s legal history (2)
Preparation for next contact session

• Describe the new legal sources introduced during

each historical period in South Africa an how they
contributed to shaping the nation’s legal system
• Pre-colonial period
• Colonial period (17th-18th century)
• Apartheid era (1948-1994)
• Democratic South Africa (Post-1994)
Thank you
See you on Friday