Law of Contract for Business

All short courses are completed individually through technology-enhanced distance learning. You do not need to attend any classes. You have access to your lecture videos and other material on a weekly basis, and all your assignments are submitted online.

The fee is R 8, 850.00, which includes your online study material. Persons based outside South Africa can pay in US Dollars, Euros or GB Pounds. Payment of fees must be effected before access to the course.

English

Short courses are available internationally. A new cycle of short courses starts every first Monday of each month from February to November.

After completion of this short course, you will be able to:

• Understand what the basic divisions of law are, and how various areas of law can affect your life and business.
• Know when and where contracts are concluded orally or in writing, and the effect of various aspects of offer, acceptance and consensus on the existence or contents of a contract.
• Have insight into the elements to be considered when asserting or denying a contract, with reference to the legal principles regarding consensus.
• Identify when a contract or supposed contract might be voidable or void due to mistake, misrepresentation, undue influence or duress.
• Understand the nature and legal consequences of reasonable and unreasonable mistakes, as well as innocent, negligent and fraudulent misrepresentations.
• Be aware of the most important limitations on the contractual capacity of various persons, and appreciate the effects of a party acting beyond the scope of his or her capacity.
• Know the basic requirements of contractual legality, and the effect of performance being or becoming impossible before or after the conclusion of a contract or supposed contract.
• Assess the enforceability of an agreed restraint of trade in a particular instance.
• Identify the formalities prescribed in respect of certain key contracts, and explain the effects of non-compliance.
• Understand the position of co-debtors and co-creditors, as well as the basic process and consequences of cession, delegation and assignment.
• Know the practical implications of common contents of contracts, including cancellation clauses, acceleration clauses and penalty clauses.
• Be keenly aware of the nature and effect of: essential terms and non-essential terms; express, tacit and implied terms; and suspensive and resolutive conditions or time clauses.
• Recognise and distinguish between situations of termination of contract and situations of breach of contract, and know the basic consequences of each.
• Strategise effectively regarding the legal remedies that are available for different forms of breach of contract, with reference to practical examples and case law.
• Be mindful of the practical impact of the Consumer Protection Act and the National Credit Act on contracts or potential contracts in your business.
• Know the rights and duties of the parties to a contract of sale, how and when ownership is transferred, and which parties by law bear the risk in various business situations.
• Understand a range of practical cases dealing with the most pivotal contractual principles applied in the commercial context.

Assessment may involve multiple choice, a brief discussion of an important concept or issue, or solving a short case scenario. Your final short course mark will be based on the marks obtained in two of the assignments during the course and then a final exam. A certificate is awarded upon successful completion of the short course. Should you achieve a distinction (75% or higher), this will be so indicated on your certificate.

The course is open to anyone who is basically proficient in English and has internet access.