PRIVATE LAW Flashcards

1
Q

LAW OF PROPERTY

A
  • regulates the relationship between persons and things
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2
Q

2 MAIN WAYS OF ACQUIRING OWNERSHIP

A

1) ORIGINAL - means that you own your property legally regardless of whether the predecessor owned the property legally
2) DERIVATIVE- means that you may own your property legally if your predecessor owned the property legally

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3
Q

LAW OF CONTRACT

A
  • is a legally binding agreement between 2 or more people.
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4
Q

SIX REQUIREMENTS OF VALID CONTRACT

A

1) Contractual capacity
2) agreement
3) formalities
4) certainty
5) possibility of performance
6) legality

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5
Q

LAW OF DELICT

A
  • regulates situations where a wronged party can claim damages for loss
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6
Q

ACQUILIAN ACTION

A
  • involves patrimonial loss
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7
Q

ELEMENTS TO PROVE FOR ACQUILIAN ACTION

A

1) CONDUCT
2) FAULT
3) CAUSATION
4) DAMAGES

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8
Q

COMMERCIAL LAW

A

-everyday commercial transactions or business

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9
Q

TYPES OF BUSINESSES

A

1) SOLE PROPRIETORSHIP - this is when the owner is one person and they have complete liability for debt
2) PARTNERSHIP- agreement between 2 or more natural persons to contribute money, skills,labour and they are all liable of debts
3) COMPANY

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