PVL4513F    Advanced Contract Law

Credits: 9 NQF credits at NQF level 8

Convener: Professor T Naude

Course entry requirements: must have passed Law of Contract PVL3005W (or obtained a credit for an equivalent course if a transferring student)

Co-requisites: must be registered for Commercial Transactions Law CML4006W (or have passed it previously)

Course outline

This course covers aspects of the general principles of the law of contract not covered in the core Law of Contract course, PVL3005W. These include termination of obligations, including important topics like prescription, supervening impossibility of performance and change of circumstances more generally, compromise and performance. Also included are aspects of breach and remedies for breach of contract, such as whether negative interesse may be claimed upon breach, and the effect of a tender to cure a breach on the other party's remedy of termination of the contract, as well as a more in depth study of controlling unfair contract terms.

In addition, drafting of contracts in plain and understandable language, and using contract design, including illustrations and graphics will be considered. The course also covers aspects of certain specific contracts not covered in the core Commercial Transactions Law course, CML4006W. These may differ from year to year but may include principles and rules on conclusion of sales, and rules on contracts for the rendering of services. The course will focus on active learning and discussion in class, as well as on a critical evaluation of the current rules. A voluntary oral assessment will be offered, to enhance oral skills.

DP requirements 

• Satisfactory lecture attendance
• Obtained 35% average overall in assessments prior to exam (if exempted from one of these assessments, then 35% in the other)

Assessment

Mid-semester test 25% Oral assessment 25% OR assignment 25% Exam (May/June) 50%.