Business law 2017.

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Business law 2017

Resources www.letslearnmore.weebly.com

Books Fouché, M.A. (et al). Legal Principles of Contracts and Commercial Law, Revised 6th edition, 2007, Lexis Nexis Havenga, P (et al). General Principles of Commercial Law, 6th edition, 2007, Juta Kopel, S Guide to Business Law, 4th edition, 2009 or 5th edition, 2012, Oxford University Press Gibson, JTR. South African Mercantile and Company Law, 8th Edition, 2003, Juta. Scott J (et al) The Law of Commerce in South Africa, 2009, Oxford University Press.

Introduction to law Business law

What is law? A set of rules, recognised as binding on people, and enforced by the State

The three branches of government

The legislature Parliament makes the laws

The executive The President and Ministers (Govt Depts) implement the law

The Courts interpret the law and settle disputes The judiciary The Courts interpret the law and settle disputes

Legal subject – someone with rights and obligations Natural Person A human being Juristic person An entity such as a company

Legal rights Personal Rights Real Rights Ius in personam Ius in rem A right that is enforceable against a specific legal subject Eg: right to sue person who caused you loss Real Rights Ius in rem A right that is enforceable against the whole world Eg: ownership

How laws are made

Simplified legislative process New law proposed to Parliament At least 50% of Parliament approves People made aware of new law New law published in Government Gazette & date of operation proclaimed

A brief history of South African law South African law originated from Roman- Dutch law which the Dutch settlers brought with in 1652 When the English took over the Cape they introduced parts of English law Our law is unique, being based on Roman- Dutch law and being influenced by English law

Sources of south african law Common law Legislation – Constitution Judicial precedent Customary law

Judicial precedent “judge made law” Stare decisis rule Ratio decidendi

Structure of our courts CONSTITUTIONAL COURT SUPREME COURT OF APPEAL HIGH COURT OF SOUTH AFRICA MAGISTRATES’ COURT REGIONAL COURT DISTRICT COURT SMALL CLAIMS COURT COURT OF CHIEFS & HEADMEN

CRIMINAL & CIVIL LAW CRIMINAL CIVIL How people are expected to behave The State vs ……. Punished by fine, imprisonment etc CIVIL How people behave towards each other Plaintiff vs Defendant Damages, specific performance etc

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