FACULTY OF LAW
DEPARTMENT OF
PRACTICAL BUSINESS LAW
BUSINESS LAW 1B
LEARNING GUIDE
2023
COURSE CODE:
BUL41B1
ACKNOWLEDGEMENTS
Author: Advocate HC Schoeman, Department of Mercantile Law
Reviewed by:
•
Mr IR Nel and Miss TA Neuhaus, Department of Practical
Business Law (2015)
•
Miss N Ismail, Department of Practical Business Law
(2016)
Copyright © University of Johannesburg, South Africa 2012
Apart from any fair dealing for the purpose of research, criticism
or review as permitted under the Copyright Act 98 of 1978, no part
of this material may be reproduced, stored in a retrieval system,
transmitted or used in any form or be published, redistributed or
screened by any means electronic, photocopying, recording or
otherwise without the prior written permission of the University of
Johannesburg.
Printed and published by the University of Johannesburg.
Table of Contents
Action words ...................................................................................................................................... ii
Section A: Administrative details .................................................................................................... 1
Section B: Information sheet on academic programme quality .................................................. 9
Section C: Assessment guidelines ................................................................................................ 11
Section D: Course content.............................................................................................................. 12
Annexure I: Study Tips……………………………………………………………….....................…...21
Annexure II: Work Schedule …………………………….……..………………………….....………...27
i
Action words
Action words that you may be exposed to in this learning guide
Apply
Put to practical use or make use of a relevant formula or law.
Calculate
Determine the value, using formulae or specific calculation methods.
Classify
Compare
Group concepts or subjects together based on certain characteristics or
commonalities.
Point out the similarities and differences between objects or points of view. The
word contrast can also be used.
Convert
Transform a quantity expressed in one unit to a quantity expressed in another unit.
Define
Give a short and clear description of a term or concept.
Demonstrate Show clearly/prove/make clear by reasoning or evidence/illustrate and explain,
especially with many examples.
Derive
Describe
Differentiate
Discuss
Deduce or infer something from the given information.
Tell in detail how a process works or how a subject appears. You need not
comment on the process or the subject or give your own point of view.
Find differences between objects or statements.
Explain terms or concepts in your own words. Give comments or give your own
point of view.
Distinguish
Write down the differences between subjects or concepts.
Draw
Create a drawing, diagram or representation of a subject or concept.
Write about the subject in your own words. Clarify or give reasons – it may be
Explain
useful to use examples or illustrations. You must prove that you understand the
content.
Formulate
Express in a concise, systematic way.
Identify
Establish the identity or recognise a process.
Illustrate
Explain by means of detailed descriptions and drawings.
Interpret
Explain or clarify the meaning of a concept/value.
List/Name
Briefly write down the facts or main points.
Motivate
Give reason(s) for your answer.
Name
Nominate or specify a site or process.
Organise
Arrange data according to certain criteria.
ii
Predict
Use the facts available to derive an outcome.
Relate
Show the relation/connection of entities, how the concepts can be linked.
Solve
Find an answer by using critical thinking and/or calculations.
Summarise
Briefly state/list/write down only the most important detail/facts.
Understand
Show insight into or know the meaning/nature of a concept or term; to
comprehend.
iii
Section A: Administrative details
Welcome and introductory remarks
We welcome you to Business Law 1B. We trust that you will find the course content
interesting and that it will you equip you with basic knowledge to deal with potential legal
issues that may crop up in your career. It should be noted that it is not our intention, nor is it
the purpose of this course, to make lawyers out of you. Business Law 1B carries 16 credits
and is presented at the National Qualifications Framework (NQF) Level 6.
The purpose of this learning guide is to support your learning process. It serves as an outline
of the rules and regulations governing the module, the different learning resources available,
and the subject matter content.
Your lecturers wish you success during the course of your study with us. Work consistently,
study hard and feel free to make an appointment with your lecturer to discuss any concerns
with her/him.
CARPE DIEM (SEIZE THE DAY)!
1
Contact information
Admin:
1. Head of Department: Dr S Ncube
sncube@uj.ac.za
SWC Office:
EK 107, Ellen Kuzwayo Building
011 559 5211
APB Office:
H Purple 4
011 559 1628
2. APB admin office:
Secretary:
H Purple 6
Mrs T Jacobs
tertiaj@uj.ac.za
011 559 1628
3. SWC admin office:
EK 107, Ellen Kuzwayo Building
SWC Lecturers:
1. Dr I-R Nel (Course Co-ordinator)
irnel@uj.ac.za
2. Mr T Mafulela
EK 104, Ellen Kuzwayo Building
011 559 5745
tulanim@uj.ac.za
3. Dr T Coleman
EK 106, Ellen Kuzwayo Building
011 559 5207
tecoleman@uj.ac.za
APB Lecturer:
1. Ms DB Kgori
H Purple 3
011 559 1617
busik@uj.ac.za
2
SWC Tutors:
SWC Tutors’ office: EK 103, Ellen Kuzwayo
1. Luyanda Xulu (Senior Tutor)
luyandax.businesslaw@gmail.com
Tutor’s to be confirmed
APB Tutor:
APB Tutor’s office: F Purple 26
To be confirmed
3
My Business Law 1B
My lecturer’s information
Name: ___________________________
Group: ___________________________
Lecture 1:
Day:
__________________________
Time: __________________________
Venue: __________________________
Lecture 2:
Day:
__________________________
Time: __________________________
Venue: __________________________
Consultation hours
_______________________________________________________
_______________________________________________________
My tutor’s information
Name: ___________________________
Tutorial class
Day:
___________________________
Time: ___________________________
Venue: ___________________________
Consultation hours
Day:
___________________________
Time: ___________________________
4
Lecture / work schedule
Refer to Annexure II on page 6of this learning guide.
Please note that this schedule is merely a guideline.
Policies and procedures
The UJ’s educational policy, General Regulation and Faculty Regulations, is applicable and is
available for scrutiny at the faculty office.
1.
Plagiarism
Dishonesty and plagiarism are not tolerated and will be punished.
•
Plagiarism is the verbatim (word-for-word) use of another’s work and presenting it as if it
were one’s own.
It is important to acknowledge any thoughts, ideas and information which are not your own. It is
also important to use a standard form of referencing to provide all relevant information that will help
any person who may be interested to read further about the information. As a result, you need to
keep an accurate record of collecting your data.
•
You will be required to cite your source(s), especially when referring to an item within your
text. You are also required to indicate the reference where the citation can be found at the
end of your work.
•
The different Faculties and/or departments within the University may require you to use a
particular (or different) way of citation. It is therefore important for you to enquire and
adhere to the requirements set by the Faculty of Law.
•
The proper procedures are laid down by the University and the Faculty is responsible for
strategies that address means of preventing, monitoring and handling acts of plagiarism.
Copyright issues are handled in accordance with DALRO principles and procedures.
5
Grievance procedure
You must be able to follow procedures, solve problems and manage conflict. The Faculty of Law’s
grievance procedure should be followed in case of any dissatisfaction or grievance. Therefore,
firstly, if you experience any problems in this module, please contact the lecturer or course coordinator as soon as possible so that we can find an appropriate solution.
If a satisfactory
agreement is not reached, you may consult with the Head of the Department, only then with the
Dean of the Faculty of Law.
2.
Sick tests / Examinations
Sick test application forms are available on Ulink or may be obtained from the secretary or faculty
officer. The form must be completed in full and the supporting documentation must be attached.
Please submit your application together with the supporting documentation at the Faculty office at
the Department of Practical Business Law within 7 calendar days after the semester test has
been written.
3.
Class and tutorial attendance
As you will know, time is of the essence and punctuality is, therefore, vital to ensure that time is
used optimally. It is important that you personally attend lectures in this course – it is definitely not
the ideal to study off other people’s notes! Attending all lectures is very important as we appreciate
your active participation, insight and opinions. Moreover, difficult concepts will be explained in
class and practical examples will be given used to explain these difficult concepts. You will also be
required to attend tutorial classes which you will register for during the first week of the semester.
Tutorial class attendance is compulsory and tutors will keep a register of student attendance. In
terms of UJ policy, you might be denied entry to the examination if you fail to attend at least 80% of
tutorial classes without good cause. The tutorial classes are meant to complement the lectures in
order to help you acquire a good understanding of the subject matter. They provide you with an
additional opportunity to get clarity on the issues covered during lectures. The tutorial exercises
also generally help when preparing for tests and examinations. Further, please take note that
whilst your Tutorial Test is the assessment that ordinarily counts towards your final assessment, it
remains in the discretion of the Faculty to take into account the results of the tutorial exercise
assignments that you will be required to do on a regular basis for purposes of your final
assessment. These exercises must be handed in, in person, to your tutor at the beginning of each
tutorial. Tutorial exercises will be placed onto ULink.
6
Support services and resources
To ensure that you have all the support you need to successfully complete this course, we have
made the resources listed below available to you. We are confident that, if you follow our
suggestions for studying this course and use all these resources to their full potential, you will do
very well.
1. Prescribed material
Your prescribed textbook for this course is as follows:
1.
H. Schulze et al: GENERAL PRINCIPLES OF COMMERCIAL LAW; 9th edition; 2019;
Juta.
2.
Additional study material might be provided in class or uploaded onto ULink.
2. Web learning environment: ULink
You have to activate your course on the student portal (website) to have access to ULink.
Please refer to the logon procedure in the ULink brochure.
Please take note of the following:
(a) You need to familiarise yourself with UJ’s policy on the use of electronic resources. The
Business Law 1B ULink site may only be used for Business Law 1B related issues.
Take note that no rude, discriminatory or other abusive language will be tolerated on
ULink. Should you be guilty of such conduct, disciplinary procedures may be initiated
against you.
(b) Any information placed on ULink by lecturers or other Departmental and Faculty
personnel is deemed to have been communicated to you in person. It is therefore
important that you log on to ULink regularly.
(c) Please familiarise yourself with any additional instructions which may be placed on
ULink.
3. Library
Please contact the librarian for information on different resources available, using the library
link on the UJ website or library live on your ULink site.
7
4. Learning Development Workshops
Various learning development and language skills workshops may be arranged for you. The
aims of these workshops are to assist you with studying and answering questions in an
assessment effectively.
Please take note of the following if a workshop is arranged:
a. Attendance of these workshops is compulsory and a register will be taken.
b. The dates of these workshops will be communicated to you via ULink.
c. It remains within the Faculty’s discretion to take into consideration your attendance
of these workshops for purposes of your final assessment.
8
Section B: Information sheet on academic programme quality
Duration of module
One semester
Purpose of the module
A student who completes this module will:
(a)
be enabled to acquire a basic knowledge and reflective understanding of the prescribed
substantive law.
(b)
be introduced to the South African Legal system and the specific type of contracts that
are recognised by South African Law.
Teaching and Learning Strategy
An integrated teaching and learning approach is followed in this module. This means that learning
is facilitated by more than one support source, e.g. face-to-face contact (both your lecturer and
tutor), ULink and a Learning Guide – each of which is complementary to the other.
Your lecturers, supported by the tutors, are facilitators of the course. Contact time with your
lecturer and tutor is limited. As such, it is your responsibility to make use of every opportunity to
engage with your lecturer (i.e. lecture times, consultation hours, appointments, etc.) It is not your
lecturer’s (nor the tutor’s) responsibility to summarise the textbook for you, nor is it their
responsibility to prepare notes for you. You must, therefore, prepare for class (summarise the
theory reading) and your lecturers will provide a brief overview of the work in class and the tutors
will do exercises with you during tutorials.
9
Composition of module (brief outline)
1. The Contract of Sale
2. The Contract of Lease
3. The Law of Insurance
4. The law of Consumer Protection and the Consumer Protection Act
5. The law of Credit Agreements and National Credit Act
6. The law of Securities
7. Banking Law including Negotiable Instruments and Other Methods of Payment
8. The Law of Insolvency
10
Section C: Assessment guidelines
(As per UJ policy and Faculty regulations)
Assessment schedule and mark allocation
Any changes will be posted on Edulink
Semester Test 1
31 August 2023
45%
Semester Test 2
05 October 2023
45%
Tutorial Test
02nd October – 06th October 2023
10%
Semester Mark
= TEST 1(45%) + TEST 2 (45%) +TUTORIALS (10%)
100%
Examination
30 October 2023
100%
Final Mark
= SEMESTER MARK (50%) + EXAMINATION MARK
(50%)
100%
S
Examination entrance / Promotion requirements
The following information is of vital importance:
A sub-minimum of 40% is required to write the examination. This means that both your semester
tests and tutorial assessment together have to give an aggregate of at least 40%. If your preexamination semester mark is less than 40% you do NOT qualify to write the examination. If you
fail to qualify, you should not sit for the examination and even if you decide on your own to write
the examination, your examination mark will not count towards your final assessment.
In order to pass this course you need to get an aggregate of 50% (i.e. your semester mark counts
50% and your examination mark counts 50% towards your final mark). Please note that if you get
less than 40% in the examination, regardless of your semester mark, you still FAIL the course.
Further, for you to qualify to write a supplementary examination, you need an aggregate final
mark of between 40% - 49%.
11
Section D: Course Content
SPECIFIC TYPES OF CONTRACTS
LEARNING UNIT 1
CONTRACT OF SALE – Chapter 13
OUTCOME: Fully understand the South African Law of Sale.
ASSESSMENT CRITERIA: After completion of this theme the learner must be able to:
1.1
Define the concept “sale”.
1.2
List the three essential elements of a contract of sale.
1.3
Distinguish between the different types of things.
1.4
Discuss and understand the rights and duties of the purchaser and the seller.
1.5
Discuss the aedilitian remedies and actio empti.
1.6
Fully discuss the transfer ownership or possession.
1.7
Distinguish between the various methods of delivery.
1.8
Discuss the legal issues around the purchase price.
1.9
Fully discuss and apply the passing of risk.
1.10
Distinguish sale from other types of contracts.
1.11
Discuss the various formalities required by law.
1.12
Discuss all the obligations of the seller in a contract of sale.
1.13
Discuss all the obligations of the buyer in a contract of sale.
1.14
Discuss the contents of each of the warranties that automatically form part of a contract.
1.15
Discuss the remedies that are available to an aggrieved party in a contract of sale.
PRESCRIBED LEARNING MATERIAL
General Principles of Commercial Law Chapter 13
ULink slides
Additional Notes on ULink
LEARNING ACTIVITIES
Tutorial exercise 1
12
LEARNING UNIT 2
THE CONTRACT OF LEASE – Chapter 14
OUTCOME: Fully understand the South African Law of Lease.
ASSESSMENT CRITERIA: After completion of this theme the learner must be able to:
2.1
Briefly explain the relevance of lease in South Africa.
2.2
Define the concept “lease”.
2.3
Identify and explain the essential elements of a contract of lease.
2.4
Discuss the formation of a contract of lease.
2.5
Fully discuss each of the duties of the lessor.
2.6
Fully discuss each of the duties of the lessee.
2.7
Fully discuss each of the rights of the lessor.
2.8
Fully discuss each of the rights of the lessee.
2.9
Fully discuss and apply the huur gaat voor koop rule and its legal consequences.
2.10
Discuss the ways in which a lease may be terminated.
2.11
Discuss the renewal of a lease.
2.12
Discuss the statutory protection of tenants.
2.13
Distinguish between subletting, assignment and cession as it relates to contracts of lease.
2.14
Lessee’s right to compensation for improvements.
PRESCRIBED LEARNING MATERIAL
General Principles of Commercial Law Chapter 14
ULink slides
Additional notes on ULink
LEARNING ACTIVITIES
Tutorial exercise 2
13
LEARNING UNIT 3
LAW OF INSURANCE – Chapter 15
OUTCOME: To fully discuss South African law relating to the law of insurance.
ASSESSMENT CRITERIA: After completion of this theme the learner must be able to:
3.1
Briefly explain the relevance of the law of insurance in South Africa.
3.2
Fully explain the concept of insurance.
3.3
List and explain the sources of South African insurance law.
3.4
Distinguish between indemnity and non-indemnity insurance.
3.5
Discuss the essential elements of an insurance contract.
3.6
Discuss over-insurance, under-insurance and average.
3.7
Calculate the extent of the insurer’s liability in the case of an average clause.
3.8
Discuss double insurance and contribution.
3.9
Explain the concept of subrogation.
3.10
Explain the right to salvage.
3.11
Explain excess fees and increase in premiums.
3.12
Distinguish insurance contracts from other specific types of contracts.
3.13
Fully discuss the duty of good faith.
3.14
Identify the parties to an insurance contract.
3.15
Discuss the statutory protection mechanisms of the insured.
3.16
Discuss the minimum characteristics that an insurance contract will require in order for it to
have legal effect.
3.17
Distinguish between insurable interests in indemnity and non-indemnity contracts.
PRESCRIBED LEARNING MATERIAL
General Principles of Commercial Law Chapter 15
Nagel et al Commercial Law 5th edition paragraphs 25.54 – 25.78
ULink slides
Additional Notes on ULink
LEARNING ACTIVITIES
Tutorial exercise 3
14
LEARNING UNIT 4
CREDIT AGREEMENTS
OUTCOME: Fully understand the South African Law regarding credit agreements.
ASSESSMENT CRITERIA: After completion of this theme the learner must be able to:
4.1
Identify previous and current legislation of credit agreements.
4.2
Briefly explain the relevance of credit agreements in South Africa.
4.3
Discuss the objectives of the National Credit Act (NCA).
4.4
Discuss the application of the NCA.
4.4.1
Discuss the general rule regarding the application of the NCA
4.4.2
Discuss the concept of a credit agreement.
4.4.2
Identify the instances where the NCA does not apply.
4.4.3
Discuss the limited application of the NCA where the consumer is a company, close
corporation, partnership or trust.
4.4.4
Identify the types of credit agreements that the NCA applies to.
4.4.5
Identify and discuss the different sizes of credit agreements.
4.5
Identify and discuss the duties of the consumer credit institutions.
4.6
Discuss the registration and cancellation of registration of credit providers.
4.7
Discuss the consumer credit policy.
4.8
Identify and discuss credit marketing practices.
4.9
Identify and fully discuss over indebtedness and reckless credit.
4.10
Discuss a suspension order and debt review.
4.11
Identify and discuss unlawful agreements and unlawful provisions.
4.12
Discuss pre-agreement disclosure, form and effect of credit agreements and quotes.
4.13
Discuss the liability for lost or stolen cards.
4.14
Discuss and define the various aspects of the cost of credit.
4.15
Discuss a statement of account.
4.16
Discuss the alteration of a credit agreement.
4.17
Discuss collection, prepayment, surrender, debt enforcement and prescription.
PRESCRIBED LEARNING MATERIAL
General Principles of Commercial Law Chapter 16
ULink slides
Additional Notes on ULink
LEARNING ACTIVITIES
Tutorial exercise 4
15
LEARNING UNIT 5
CONSUMER PROTECTION
OUTCOME: To identify, explain and apply the most important concepts relating to consumer
protection and important provisions of the Consumer Protection Act (CPA).
ASSESSMENT CRITERIA: After completion of this theme the learner must be able to:
5.1
Understand the background behind the promulgation of the CPA.
5.2
Discuss the purposes of the CPA.
5.3
Explain the application of the CPA.
5.4
To identify, explain and apply fundamental consumer rights enunciated in the CPA.
5.4.1
Equality
5.4.2
Privacy
5.4.3
To choose
5.4.4
Disclosure & information
5.4.5
Fair & responsible marketing
5.4.6
Fair & honest dealings
5.4.7
Fair, just, reasonable terms and conditions
5.4.8
Fair value, good quality & safety
5.5
Discuss the protection of consumer rights.
5.6
Identify and discuss the two bodies responsible for the enforcement of the Consumer
Protection Act.
PRESCRIBED LEARNING MATERIAL
General Principles of Commercial Law Chapter 30, except:

30.2.4.7.2 Notice required for certain terms & conditions (page 525)

30.2.5 Supplier’s accountability to consumers (pages 529 – 531)

30.2.7 Business names (page 532)
ULink slides
Additional Notes on ULink
LEARNING ACTIVITIES
Tutorial exercise 5
16
LEARNING UNIT 6
REAL AND PERSONAL SECURITY
OUTCOME: To fully understand the law relating to real and personal security.
ASSESSMENT CRITERIA: After completion of this theme the learner must be able to:
6.1
Briefly explain the purpose of security.
6.2
Distinguish between personal and real security.
6.3
Explain the concept accessory in nature.
6.4
Define the concept “suretyship”.
6.5
Explain the consequences, liability, benefits of suretyship and the rights of a surety.
6.6
List and discuss the various ways to terminate a suretyship agreement.
6.7
Give a brief explanation of the concept of real security.
6.8
Identify and explain the types of real security.
6.9
Discuss the rights and duties of the parties to a pledge.
6.10
Discuss the extinction of a pledge.
6.11
Distinguish between pledge and mortgage.
6.12
Distinguish between tacit mortgages and special mortgages over immovable property.
6.13
Briefly explain liens as a form of security and be able to distinguish different forms of liens.
6.14
Briefly explain hypothec as a form of security and be able to distinguish between two forms
of hypothec.
6.15
Define cession to secure a debt and explain the types of cession to secure a debt.
PRESCRIBED LEARNING MATERIAL
General Principles of Commercial Law Chapter 23
ULink slides
Additional Notes on ULink
LEARNING ACTIVITIES
Tutorial exercise 6
17
LEARNING UNIT 7
BANKING LAW
OUTCOME: To fully discuss South African law relating to the law of negotiable instruments.
ASSESSMENT CRITERIA: After completion of this theme the learner must be able to:
7.1
Discuss the bank-customer relationship.
7.2
Discuss the South African Code of Banking Practice.
7.3
Discuss the bank’s duty of confidentiality and secrecy.
7.3.1
Define a cheque, identify the parties to a cheque, and list the elements of a
cheque.
7.5
Explain the use and laws relating to credit cards.
7.6
Explain and distinguish a stop order and debit order.
7.7
Define an EFT.
7.8
Explain how an ATM deposit works.
7.9
Define and explain how EFTPOS transactions work.
7.10
Discuss home and internet banking.
7.11
Discuss the operation of smartcards and e-money.
7.12
Identify and explain new payment systems involving payment intermediaries
outside the existing bank system.
PRESCRIBED LEARNING MATERIAL
General Principles of Commercial Law 8th edition Chapter 24 – provided on BlackBoard
General Principles of Commercial Law Chapter 25, only:
•
25.2.1 – 25.2.2 Paragraphs on cheques (pages 422 – 423)
•
25.2.5.1 Essential elements of form (pages 424 – 427)
General Principles of Commercial Law Chapter 26, only:
•
26.2 Credit cards (pages 456 – 460)
•
26.4.1 The operation of a stop order (page 465)
•
26.5.1 The operation of a debit order (page 466)
•
26.7.1 - 26.7.2 Paragraphs on EFT (pages 472 - 473)
•
26.7.4 - 26.7.4.2 Paragraphs on ATM’s (pages 474 - 477)
•
26.7.5, 26.7.5.1 &26.7.5.3 Paragraphs on EFTPOS (pages 477 - 481)
•
26.7.6 – 26.7.6.1 Paragraphs on home and internet banking (pages 481 – 482)
•
26.7.7.1 – 26.7.7.3 Paragraphs on smartcards and e-money (pages 482 - 484)
•
26.7.7.5 New payment systems and methods involving payment intermediaries outside the
existing bank system (pages 486 – 489)
•
26.8.1 Cryptocurrencies (page 489 - 490)
18
ULink slides
LEARNING ACTIVITIES
Tutorial exercise 7
LEARNING UNIT 8
LAW OF INSOLVENCY
OUTCOME: To fully discuss South African law relating to the law of insolvency.
ASSESSMENT CRITERIA: After completion of this theme the learner must be able to:
8.1
Discuss the concept of insolvency.
8.2
Distinguish between sequestration and liquidation (winding-up).
8.3
Distinguish between an application for voluntary surrender and compulsory sequestration.
8.4
Discuss the requirements to sequestrate a debtor’s estate.
8.5
List and identify acts of insolvency.
8.6
Discuss the consequences of sequestration.
8.7
Discuss the effect of a sequestration on the property of the solvent spouse.
8.8
Identify and discuss impeachable dispositions.
8.9
Define a “trustee”, state their duties and discuss their election and appointment.
8.10
Distinguish between the various kinds of meetings of the creditors.
8.11
Explain the difference between a secured, preferential and ordinary creditors claim.
8.12
Briefly discuss the realisation and division of the estate.
8.13
Explain the concept of composition.
8.14
Discuss the rehabilitation of the insolvent.
PRESCRIBED LEARNING MATERIAL
General Principles of Commercial Law Chapter 28, except:
•
28.13 The winding-up of companies and close corporations (pages 484 – 489)
ULink slides
Additional Notes on ULink
LEARNING ACTIVITIES
Tutorial exercise 8
19
SOME TERMINOLOGY ON STATUTES
TERM
MEANING
Interpretation
The exercise to find the meaning and/or purpose of legislation
Constitution
The highest law of the country
Legislator
The maker of legislation, i.e. Parliament.
Delegated
Law made by a person other than Parliament, e.g. regulations made by a Minister
legislation
Retroactive
Applies backwards. For example a law is applied to a situation that happened
before the law was passed.
Statute/Act
Legislation
Presumptions
Assumptions made about the meaning and/or purpose of legislation.
20
ANNEXURE I
TIPS ON HOW TO STUDY LAW AND ANSWER TESTS AND EXAMINATIONS:
FOR NON-LAW STUDENTS
Prepared by:
Adv HC Schoeman
Senior lecturer: Department of Mercantile Law
University of Johannesburg
Edited by:
Taryn Neuhaus
Lecturer: Department of Practical Business Law, University of Johannesburg
and
Dr Imo-Rhesa Nel
Lecturer: Department of Practical Business Law, University of Johannesburg
1.
INTRODUCTION
Law forms part of the social sciences and is thus based on a strong theoretical knowledge.
However, only knowing the theory is NOT sufficient to pass Business Law 1. As such, you need to
know the theory to enable you to apply the theory to any given set of facts. To study law differs
vastly from how to study other subjects in your course, such as accounting. The latter generally
follows a set formula – if you know and understand the formula, you are able to answer all the
questions successfully. Law is, however, an ever changing field – new legislation is passed, court
decisions play an important role in how to interpret legislation, etc. The fact that you do well in
subjects that require numerical aptitude does not, therefore necessarily mean that you will do well
in law.
As stated above, you need to know and understand the theory that underpins a particular legal
concept. Only once you know and understand the rules are you able to apply these rules to a set
of facts and answer the question correctly. Remember – different questions require different
answers. In a test or an examination the same concept is never tested twice. Thus, read the
question carefully and apply the applicable theory to the specific question that is asked. Rambling
on about the topic without answering what is asked does not take you any further; your lecturers
can see that you have no idea what you are talking about and will not go and search for the
answers in your ramblings.
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HOW TO BE SUCCESSFUL
The first rule is to work consistently. You are a full time student. Studying full time is similar to
having a job. On average people who are working, work 40 hours per week. You therefore need to
spend at least 40 hours a week, including lectures and tutorials, on your studies in order to be
successful as you can be. (Some students are geniuses and may require less time in order to be
successful. If, however, you do not fall in this category you need to spend much more time in front
of your books.)
The best advice I can give you is the following:
(a) Attend all your lectures, even if you failed the course previously. If you failed, it means that
you did not know enough about the subject to pass. Not going to lectures will not help you
in any way whatsoever. Moreover, the scope and focus changes annually and you may find
yourself in a bind if you did not attend all the lectures.
(b) Prepare for both your lectures and your tutorials. This will enable you to ask questions and
to follow the discussions fully.
(c) Listen! (More is said below). Pay attention to what your lecturer says in class – often if you
pay proper attention in class you will actually pick up what may be asked and how the
questions may be asked.
(d) In the afternoon or evening after your lectures go through your class notes, the textbook
and the lecture slides (if available). Make your summaries, mind-maps or whatever else
that you use to study. This way the information is fresh in your mind and you can
immediately pick up if there is anything that you don’t understand. This also enables you to
see your lecturer during her/his consultation hours the same week or the week following the
lectures whilst you still remember the work. (If you cannot see your lecturer during her/his
consultation hours make an appointment with her/him.)
(e) Study law (and your other subjects) everyday. The more time you spend on a subject, the
more you understand and remember it more effectively. I know that law is not one of your
major subjects. However, you need to pass it in order to obtain your Diploma/Certificate.
Moreover, law provides the back-bone for a lot of what you will be studying. You will also be
able to use the knowledge that you obtain in law in your personal life (if not when you are a
student, when you go into the workplace).
(f) Make sure you have your own copy of the textbook.
Use the slides as a guideline
regarding what the lectures believe to be important. However, the slides alone are not
sufficient and you will be expected to have a more in-depth understanding of the work than
is possible from a mere studying of the slides.
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2.
HOW TO STUDY EFFECTIVELY1
(a) Manage your time effectively. Not only is it a good skill to have as a student, but it is also
important for when you start working. You have a number of courses all of which require
that you spend time on them. It is recommended that you do your planning for two weeks at
a time. When you need to prepare for a test or the examination, you may need to work out
a timetable for a longer period. Work out a timetable and make time for all your courses to
study, prepare, etc. Do not deviate from the timetable – even if you are writing a test. If you
work consistently throughout the year you only need to recap the work before a test. Other
things to take into account:
a. Do not study uninterrupted for long periods without taking a break. This does not
mean that you study for 10 minutes and take a 20 minute break. It has been found
that most people cannot concentrate effectively for more than 40 – 45 minutes.
Study or do your exercises for this period, get up and take a short 5 – 10 minute
break and then go back to your studies.
b. Be realistic in your time management and when you set deadlines. One becomes
despondent when you set unrealistic deadlines, for example, giving yourself two
hours to study for a law test or examination when you actually need, for example, 10
hours.
c. Find out if there are hidden institutional deadlines, e.g. what time the library closes,
what time the labs close, etc. Also bear the academic timetable in mind when you
do your planning.
d. Always bear in mind that there are urgent and important things that may require
your attention and disrupt you’re planning. If this happens, set some time aside in
the evening or over the weekend to get your programme back on track.
e. Give yourself some time off during each week to so something that you like, such as
going to the movies, the gym, reading, etc.
(b) Lectures, note taking and listening skills.
All your lecturers have their own personalities and this will affect their lecturing style. You
need to adapt to each lecturer’s own style of lecturing. Your lecturers do not adapt to your
personality and style of working. Usually one is able to determine the style and format of
the lectures within the first two weeks of the course.
a. Although lectures are, to some extent interactive sessions between the lecturer and
the student and vice versa, they are largely a passive activity – your lecturer talks
1
Adapted for Business Law 1 (i.e. non-law students) from Bradney, Crownie, Masson, Neal and Newel How to Study
Law (4th Ed) Sweet & Maxwell, London (2000), where appropriate.
23
and you need to pay attention. Do not “switch off”! Pay attention as you may lose
important information if you don’t listen all the time. I find that I need to write whilst
someone else is talking thereby I don’t “switch off”. Some people like to underline
the useful information in their textbooks whilst the lecture is in progress. You need
to find the best way for yourself to pay attention in class and not to “switch off”. If
you are not used to taking down notes whilst someone else is talking you need to
practise this skill. It is also a very useful skill that you may be required utilise when
you start to work.
b. Listening to lectures need to be “active listening”. This means that you take action,
e.g. taking down notes whilst your lecturer is talking, and making sure that you
understand what is being said.
c. Do not become distracted during your lectures. Don’t look at, for example, your cell
phone or tweet people whilst you are in lectures.
d. Make yourself comfortable in your seat. If your lecturer takes a five minute break
between classes, stand up and move your limbs.
e. I find that using different colour pens for taking notes or making my summaries
helped. For example, headings were in read, sub-headings were in green and the
notes were in black. I highlighted important words or phrases in each section, which
made the word or phrase stand out. Use whatever tools that works for you.
(c) Tutorials
a. Attend all your tutorials. Not only is an 80% attendance required to gain entry into
the examinations, but the tutorials offer an additional period during which you look at
the work that was dealt with in your lectures.
b. As with lecturers, tutors also have their own personalities. Again, you need to adapt
to their style of tutoring.
c. Prepare for your tutorials! This means that you need to go through the section of
the work that will be covered in the tutorial before the tutorial. Also, work out the
tutorial questions, which are also placed on ULink before the tutorials, prior to going
to the tutorial. By so doing you are in a much better position to see if you
understand the work or not. If the latter is the case, you can make an appointment
with your lecturer or tutor to go through the aspects that you don’t understand again.
d. Participate in the tutorial discussion.
Not only are the groups smaller than the
lecturing groups but it also makes the tutorials (and the subject) more interesting.
You will, however, not be able to participate if you don’t prepare for the tutorials
effectively – so do it!
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(d) ULink
a. ULink forms an integral part of Business Law 1B. You need to look in ULink
regularly to ensure that you are up to date with the information that is made
available to you in ULink.
b. Please read the information contained in your study guide concerning ULink
carefully, especially the notes on what not to do.
(e) Learning Development and Language Skills Workshops
a. Various learning development and language skills workshops may be arranged for
you.
b. The aims of these workshops are to assist you with studying and answering
questions in an assessment effectively.
c. The attendance of these workshops is compulsory and a register will be taken.
d. The dates of these workshops will be communicated to you via ULink.
e. It remains within the Faculty’s discretion to take into consideration your attendance
of these workshops for purposes of your final assessment.
3.
TYPES OF QUESTIONS THAT MAY BE ASKED
Questions in Business Law are either theoretical in nature or application based. The various types
of questions include, but are not limited to, the following:
(a) Multiple choice questions (MCQs)
i.
MCQs can be either theory based or application based. One has to read the
question carefully and choose one of the options provided.
ii.
Students often mistakenly think that MCQs are easy to answer. In fact, they are
often more difficult to answer than longer questions as there is only one correct
answer in each instance and the options are often very close to the correct answer.
iii.
Please do not rush through this section of the test/examination!
(b) Matching questions
i.
In matching questions a list of words or phrases is given and one then has to match
the word or phrase with the corresponding answer in the other column.
ii.
Due to the nature of this type of question they are usually theoretical in nature. One
must, however, be in a position to differentiate between the various options and
know your work very well, otherwise one may battle with this type of question.
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(c) Short questions
i.
As the name suggests, short questions often only count one or two marks. They are
either theory based or application based.
ii.
“Name the legal concept” is an example of short questions. One is either given a
definition or an example and one must then provide the correct word or phrase of
what is being described in the question.
iii.
True or false questions are also an example of short questions. One must read the
statement and then decide whether the statement is true or false and often one is
required to provide a reason for one’s answer.
iv.
Other questions may include, but is not limited to, a straight forward question that
merely requires an answer the question.
(d) Longer questions
i.
Again, as the name suggests these questions usually count more than one mark a
question and can be either theory based or application based.
ii.
Often a set of facts is given and one is then required to answer the questions that
follow (i.e. an application based question).
(e) Other things to remember
i.
Generally one mark means one legal fact. Thus, if a question counts 10 marks one
is required to write down 10 legal facts, unless the question indicates otherwise.
ii.
Read the question carefully. Determine what is being asked and then answer
accordingly. The biggest trick is to determine what is being tested. Once one is able
to ascertain this answering of the question is as easy as pie!
Good luck with your studies and may you pass with flying colours the first time round!
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ANNEXURE II
WEEKLY WORK SCHEDULE
JULY 2023
Paragraphs
17
Contract of Sale
13.1 – 13.2.2
24
Contract of Sale
13.3 – 13.4
AUGUST 2023
WEDNESDAY, 9 AUGUST 2023: PUBLIC HOLIDAY
SEMESTER TEST 1: WEDNESDAY, 31 AUGUST 2023
01
Contract of Sale & Contract of Lease
13.5 – 14.4.1.3
07
Contract of Lease
14.2.2 – 14.7.3.2
14
Insurance
15.1 – 15.6
21
Credit Agreements
16.1 – 16.3.8.4
28
Credit Agreements
16.3.9 – 16.3.27
SEPTEMBER 2023
RECESS: 2 SEPTEMBER – 10 SEPTEMBER 2023
05
Recess
11
Consumer Protection
30.1 – 30.2.4.3.8
18
Consumer Protection
30.2.4.4 – 30.2.4.5.11
25
Consumer Protection
30.2.4.6 – 30.2.7
OCTOBER 2023
SEMESTER TEST 2: FRIDAY, 7 OCTOBER 2023
TUTORIAL TEST: 1 OCTOBER - 15 OCTOBER 2023
EXAMINATION: MONDAY, 31 OCTOBER 2023
03
Security
23.1 – 23.3.5
10
Negotiable Instruments
24.1 – 26.8.1
17
Insolvency
28.1 – 28.12
24
Study Period
31
Exam
TAKE NOTE: THIS SCHEDULE IS MERELY A GUIDELINE. LECTURERS MAY MAKE REASONABLE CHANGES
DUE TO OTHER REALISTIC CONSIDERATIONS.
27