CONTINUATION OF SU 10

Question 1

TICKETS:

Answer 1

1. Did the customer know that the ticket contained writing?
2. Did he know that the writing comprised contractual terms?

Question 2

if the answer is affirmative,

Answer 2

if the answer is affirmative, then the customer is bound by those terms, even if he did not understand the import of the terms.

Question 3

if the answer is negative, then a further question is asked:

Answer 3

Did the other party take reasonable steps to bring the terms of the notice to the customer? if yes, then the customer is bound by the terms.

Question 4

TACIT CONTRACTS:

Answer 4

are contracts inferred by the conduct of the parties.
-Standard Bank Case- traditional statement of principle
-Joel Molemd Case
-Buffalo City Metropolitain Municipality Case- inferences of consensus on a balance of probabilities.

Question 5

IMPLIED TERMS:

Answer 5

Implied terms are the terms that are not explicitly agreed upon by the parties, but which nevertheless form part of their contract.

Question 6

TERMS IMPLIED EX CINSENSU:

Answer 6

a tacit term is one that the parties did not specifically agree upon, but which both or all of them expected to form part of their agreement.

Question 7

OFFICIOUS BYSTANDER CASE:

Answer 7

used by the courts to determine whether a contract contains a tacit term

Question 8

MATERIAL TERMS:

Answer 8

are terms that give the aggrieved party the right to cancel the contract if it is breached.

Question 9

POSITIVE AND NEGATIVE CONDITION:

Answer 9

positive condition depends on the happening of an uncertain future event.
negative condition depends on a future uncertain event not happening.

Question 10

POTESTATIVE, CASUAL OR MIXED CONDITIONS:

Answer 10

fulfilment of a potestative condition depends on the potential creditor’s doing or not doing something that is entirely within their power.
casual condition- parties who agree that the fulfilment of a condition is dependent on something that is beyond their control.
fulfilment of a mixed condition depends a party on the creditor’s actions and partly on the events that are beyond the control of both parties.

Question 11

WHAT IS A TIME CLAUSE?

Answer 11

a time clause is a contractual term that makes the operation of an obligation dependent on an event or time that is certain to arise in the future.

Question 12

MODAL CLAUSE:

Answer 12

are terms that charge a recipient of a performance with a duty to do something in the future.

Question 13

EXEMPTION CLAUSE:

Answer 13

are terms that exempt a party from liability that would otherwise be imposed upon him.

Question 14

GOVERNING LAW CLAUSE:

Answer 14

are terms the purport to regulate the system of law that governs the relationship of parties to a contract.