Please enable JavaScript.
Coggle requires JavaScript to display documents.
SA LAW OF CONTRACT (HISTORICAL OVERVIEW (Concept of legal obligation…
SA LAW OF CONTRACT
HISTORICAL OVERVIEW
Roman law concept
tie
legal subjects
natural
juristic
resulting
rights
duties
recognized by law
privity of contract
personal rights
Concept of legal obligation
legal tie or connection
between legal subjects
recognised by law
created because of certain legal facts
creates personal rights and duties
recognised by law
Two elements
creditor
right
claim performance
debtor
duty
perform
Sources of obligations
contract
delict
unjustified enrichment
unauthorised administration
legislation
family relationships
CONCEPT OF LEGAL OBLIGATION
definition
legal tie
2 legal subjects
recognised by law
originates from certain source
originates
certain source
creates
rights
duties
civil obligation
recognised by law
enforcable by law
eg. contract
natural obligation
recognised by law
not enforcable by law
eg. bet
TYPES OF AGREEMENTS
creates obligations
contracts
extinguish obligations
compromise/ set off
real agreement
transfer
rights
duties
TRANSFER RIGHTS AND DUTIES
cession
right
delegation
duties
assignment
rights + duties
SOURCES OF LEGAL OBLIGATION
legal fact (must)
human acts
non-juristic acts
eg. delict
no intention to create contract
juristic acts
had intention
law give effect to obligation
unilateral
will
multilateral
marriage
contract
consensus
non-human acts
weather