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Introduction to South African Law | LegalWise | SA News

  • Common law finds its origin in Roman-Dutch law, and is also influenced by English law.
  • It is the basis of our law and contains general legal principles.
  • Most of our common law has been changed by legislation. However, common law still applies, if legislation does not.
  • For example, the common law requirements of a contract are:
  • 1. every contract must have an offer and acceptance;
  • 2. there must be an intention to enter into a contract;
  • 3. the persons to the contract must have contractual capacity;
  • 4.the contract must be possible to perform;
  • 5. the purpose of the contract must be lawful; and
  • 6. formalities must be complied with (for example,…

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