Theme 1

Question 1

WHAT IS A CONTRACT?

Answer 1

An agreement entered into by two or more parties with the intention of creating
legal rights and duties.

Question 2

ANIMUS CONTRAHENDI

Answer 2

1) Serious intention to create
legally enforceable rights and duties (OBLIGATIONS)

2) Intention to contract:
Question of fact determined
with reference to available
evidence

Question 3

Church of the Province of Southern Africa, Diocese of Cape Town v CCMA

Answer 3

1) Parties did not have the necessary Animus contrahendi to concluded a legally binding contract.

Question 4

NOT ALL AGREEMENTS ARE CONTRACTS:

Answer 4

1) Social agreements.

2) Gentlemen’s agreement

Question 5

AGREEMENTS NOT CONTRACTS BECAUSE THEY DO NOT CREATE OBLIGATIONS

Answer 5

1) Destroy (Discharge/ Extinguish) Obligation(s).

2) Honor Obligation(s).

Question 6

These types of agreements create obligations, but cannot be treated as mere contracts:

Answer 6

1) MARRIAGE

2) JUDGEMENT BY CONSENT

3) CONTRACTS CONCLUDED BY AN ORGAN OF STATE