Department of Private Law

The following Modules are taught in the department:

First Year Modules

Law of Persons (PER 1541)

Objective: Upon the completion of the course a student has acquired the necessary knowledge of the basic terminology and principles of the law of persons and is able to apply this knowledge to a practical set of facts. A student also has a thorough knowledge of the basic principles of the South African family law and is able to apply this knowledge on a practical level to wide range of factual situations.

Specific Outcomes:

A student will be able to:

• indicate the place of the law of persons in the wider legal system,
• understand and use the basic principles underlying the law of persons,
• explain the beginning and end of legal subjectivity, and
• Understand and practically apply the factors which influence the status of a natural person, namely domicile, age, extra-marital status and economically-based impediments.

Family Law (FAM 1641)

Objective: Upon the completion of the course a student has acquired the necessary knowledge of the basic terminology and principles of the law of persons and is able to apply this knowledge to a practical set of facts. A student also has a thorough knowledge of the basic principles of the South African family law and is able to apply this knowledge on a practical level to wide range of factual situations.

Specific Outcomes:

Upon completion of the module a student will be able to:

• indicate the place of family law in the wider legal system,
• understand and apply the legal requirements for engagement and marriage,
• explain the personal and financial consequences of a valid marriage,
• distinguish and critically evaluate the various matrimonial property law systems,
• explain the principles that apply to the termination of a marriage, and indicate and practically apply the relevant principles pertaining to parental authority

Second year

Law of Property (PRO 2541) 

Purpose: A student who has completed this module will have the knowledge to apply the principles of law of things.

Specific outcomes

At the end of this module the student will be able to explain and apply the following aspects of the law of things:

• basic concepts and principles
• accession the distinction between real and personal rights
• ownership    
• sectional titles ad time-sharing
• possession servitudes
• real security
• constitutional property law

Law of Succession (SUC 2641)

Purpose: A students who completed this module will have knowledge of the following and will be able to apply that knowledge:

• Law on intestate succession
• Testamentary capacity
• Formalities in the execution of wills
• Revocation and revival of wills
• Content of wills (including usufruct, fideicommissum and trust)
• Capacity of inherit
• Substitution
• Massing of estate
• Accrual
• Collation
• Pactum successorium and puctum de non succedendo
• Interpretation and ratification of wills
• Internal and external conflict of laws in respect of succession
• Administration of estates

Matrimonial Property and Divorce (MPD 2641)

Purpose: A student who completed this module will have knowledge of the following and will be able to apply that knowledge:

• Introduction to the law of marriage
• The invariable consequences of marriage
• The variable consequences of marriage
• The law relating to the separation of the spouse
• Legislative framework on family reactions
• The implications of the constitution on family relations

Specific outcomes

Students will be able to

• apply law in the field of Labour Relations
• apply law relating to relationship between legal subjects
• apply law relating to natural persons
• apply knowledge of the unit called family as the fibre of society

Third year

Law of Contract (CRT 3541)

Purpose:The student will be equipped with the basis principles of the Law of Contract. The basic principles of the Law of Contract, which include the requirements for a valid contract, the contents and operation of contracts, remedies of parties to a contract and termination of contracts, serve as necessary background knowledge to study the Nominate Contracts.

Specific outcomes:

The student will be able to

• judge the validity and consequences of a contract;
• apply the basic principles of the Law of Contract to factual situations; and
• Give advice on the basic principles of the Law of Contract, Purchase and Sale, Lease, Suretyship and Credit Agreements.

Law of Delict (DLT 3641)

Purpose: The student who passes the course in the Law of Delict will have a sufficient knowledge and understanding of the law of delict to analyse delictual cases and disputes independently and form an opinion as to how the South African Courts are bound to deal with the case or dispute. This skill is cultivated right through the year by requiring students in class test and / or assignments, official tests and examinations to analyse real or fictional cases and write a legal opinion on them.

Specific outcomes
Students will be able to analyse and articulate cases dealing with the following:

• General elements of a delict, namely, conduct, causation, damage, wrongfulness and fault.
• Specific cases of patrimonial loss, such as injury or death of another, emotional shock, pure economic loss, manufacturer’s liability.
• Specific cases of non-patrimonial loss, such as infringement of the right to bodily integrity, the dignity, the right to feelings, malicious prosecution, attachment or property, breach of promise, adultery, abduction, enticement and harbouring.
• Forms of liability without fault.

Fourth year

Conflict of Laws (COF 4641)

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