PRIVATE LAW Flashcards
LAW OF PROPERTY
- regulates the relationship between persons and things
2 MAIN WAYS OF ACQUIRING OWNERSHIP
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
LAW OF CONTRACT
- is a legally binding agreement between 2 or more people.
SIX REQUIREMENTS OF VALID CONTRACT
1) Contractual capacity
2) agreement
3) formalities
4) certainty
5) possibility of performance
6) legality
LAW OF DELICT
- regulates situations where a wronged party can claim damages for loss
ACQUILIAN ACTION
- involves patrimonial loss
ELEMENTS TO PROVE FOR ACQUILIAN ACTION
1) CONDUCT
2) FAULT
3) CAUSATION
4) DAMAGES
COMMERCIAL LAW
-everyday commercial transactions or business
TYPES OF BUSINESSES
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