Glossaries

Question 1

Jurisdiction

Answer 1

A court has two kinds of jurisdiction: jurisdiction regarding the type of matter and jurisdiction in a particular geographical area.

Question 2

Obiter dictum

Answer 2

A remark in passing that was unnecessary for the decision of the case and is, therefore, not binding in subsequent court cases.

Question 3

Ratio decidendi

Answer 3

The underlying reason for a court’s ruling.

Question 4

Juristic person:

Answer 4

An entity that is recognised as a legal subject, for example, a company, a university, the state, and so on. Juristic persons have rights and are subject to duties.

Question 5

Legal object:

Answer 5

Any entity that can be the object of a legal subject’s claim to a right.

Question 6

Legal subject:

Answer 6

A human being or entity subject to the law.

Question 7

Duty:

Answer 7

A responsibility imposed by law that obliges or binds a person to render performance.

Question 8

Obligation:

Answer 8

A legal relationship that creates rights and duties.

Question 9

Right:

Answer 9

An advantage that entitles the holder of the right to demand that another person do something or refrain from doing something, or pay a sum of money.

Question 10

Acceptance:

Answer 10

A declaration by the offeree through which it is indicated that he or she agrees to the terms of the offer exactly as put in the offer.

Question 11

Consensus:

Answer 11

The agreement between contracting parties or the (common) intention of contracting parties to be contractually bound. All the parties to the contract must be aware of one another’s intention.

Question 12

Offer:

Answer 12

A declaration made by the offeror in which he or she indicates an intention to be contractually bound by the mere acceptance of the offer, and in which he or she sets out the rights and duties he or she wishes to create.

Question 13

Option:

Answer 13

An offeror may bind him- or herself by an agreement with the offeree not to revoke the offer, in which case the offer remains open for a specified period.

Question 14

Void:

Answer 14

Void, in relation to a contract, means not valid or legally binding, or of no legal effect.

Question 15

Voidable:

Answer 15

Voidable, in relation to a contract, means valid and binding, but may be annulled or rendered unenforceable for a number of legal reasons by a party to the transaction who is legitimately exercising his or her power to avoid the contractual obligations.

Question 16

Capacity to act:

Answer 16

The capacity to perform juristic acts, participate in legal transactions and conclude valid contracts.

Question 17

Legal capacity:

Answer 17

The capacity or competence to acquire and to bear rights and duties.

Question 18

Formalities:

Answer 18

Those requirements relating to the outward, visible form in which the agreement must be cast to create a valid contract.

Question 19

Condition:

Answer 19

A term that makes an obligation subject to an uncertain future event.

Question 20

Term:

Answer 20

A provision that imposes, on a contracting party, one or more contractual obligations to act or not to act in a specific manner, or which qualifies contractual obligations.

Question 21

Rectification:

Answer 21

This concept refers to a situation where a written contract may be improved in order to record the parties’ true intention, provided the parties can prove their true intention and that the written document does not accurately reflect it.

Question 22

Breach of contract:

Answer 22

When one of the parties to the contract fails to perform in terms of the contract.

Question 23

Creditor:

Answer 23

The party who is owed performance or the party who must receive performance in terms of the contract.

Question 24

Debtor:

Answer 24

The party who has the duty to perform in terms of the contract.

Question 25

Mora:

Answer 25

A fault or breach committed by a party to the contract.

Question 26

Execution of the contract:

Answer 26

A remedy for breach of contract that is intended to achieve the same result as was intended originally by the parties to a contract.

Question 27

Order for specific performance:

Answer 27

A court order that orders a contracting party to render performance he or she has undertaken to render.

Question 28

Damages:

Answer 28

The sum of money that is awarded to compensate someone who has suffered a loss or injury.

Question 29

Cedent:

Answer 29

The person who transfers a personal right to another.

Question 30

Cession:

Answer 30

The transfer of a personal right from one party to another.

Question 31

Cessionary:

Answer 31

The person to whom a personal right is transferred.

Question 32

Mala fide:

Answer 32

In bad faith.

Question 33

Prescription

Answer 33

The acquisition of rights or release from obligations through the passage of time.