COMMERCIAL LAW WORKSHOP

B COM SCM

14 MARCH 2015

INTRODUCTION

Lecturer/FacilitatorAndrew TuckerB Com LLB, Attorney of the High Court of South AfricaContact details:andrew.tucker46@gmail.com

WORKSHOP PROGRAMME

• 14:00 – 14:30 Course Overview• 14:30 – 15:00 Law of Contract & sale• 15:00 – 15:20 Companies• 15:20 – 15:35 Break• 15:35 – 16:35 Assignment • 16:35 – 17:00 Your questions and problem areas

COURSE OVERVIEW

• SA Law

• Companies

• Contracts

• Sale

• Agency

• Credit and Security

• Insolvency

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.

WHAT IS A CONTRACT – GENERAL DISCUSSION

• All contracts are agreements but not all agreements are contracts

THE COMPANIES ACT

• Companies Act 71 of 2008• Replaced Companies Act of 1973 with effect

from 1 May 2011•Modernises legislation

COMPANY DOCUMENTS

•Memorandum of Incorporation • Replaces Memorandum and Articles of

Association

COMPANY CLASSIFICATION

Profit Company

Not for Profit Company

COMPANY CLASSIFICATION

Not for Profit

NPC

Profit

Public

Private

State Owned

Personal Liability

ASSIGNMENT QUESTIONS

E-MAIL POLICY – OFFICIAL USE

• The approved social media sites may only be used for official purposes.

• Postings must be kept legal, ethical and respectful.

• Employees may not engage in online communication activities which could bring the company into disrepute.

• Confidential information may not be disclosed.

• Copyright laws must be adhered to.

• Only the official approved logo of the company may be used.

• The information that is published must be accurate and not confidential.

• Statements to the media must first be approved by the employer.• Source: http://

www.labourguide.co.za/most-recent/1358-social-media-guidelines-on-the-policy-for-employees-using-social-media-for-non-business-purposes, accessed 13 March 2015

E-MAIL POLICY – PERSONAL USE• Be clear on the use of company equipment or access to such sites and when this may be

done.

• Remind employees that internet and email communication may be monitored and intercepted as per the electronic communications policy of the employer.

• Company information must be kept confidential.

• The company name or logo may not be used on private profiles.

• Colleagues, managers or information pertaining to the company may not be discussed on such platforms.

• Employees must be advised to block access to their profiles for other users that they do not know.

• The code of conduct of the company must be respected and considered as the guiding rule. Explain the consequences of failing to adhere to the social media policy of the company.

THE LEASE

• Common law duties of the tenant • To pay the rent• Not to misuse property and only to use for purposes for which

it was let• Lomax vs Killarney of Durban (Pty) Ltd 1961 (2) SA 573 (D) • GA Fichardt Ltd v Leviseur 1915 AD 182• Frenkel & Co v Rand Mines Supply Co 1909 TS 129

• To return the property undamaged

THE LEASE

• Remedy for arrear rental• Rental Housing Act• Cancellation clause• Tacit Hypothec

MISREPRESENTATION• A false statement of fact by one person to another

concerning the contract & which induces person to contract• Types of misrepresentation• Innocent• Negligent• Fraudulent

• In all cases, the contract is voidable

UNLAWFUL CONTRACTS

• Lawfulness as a contractual requirement

• Ex turpi causa rule