Monash University Handbook 2010 Undergraduate - Unit

Synopsis

An examination of business entities law at an advanced level, with emphasis on the law of partnership, company law, the law of close corporations and the law of business trusts. An examination will also be made of the law relating to specific contracts, eg: contracts of purchase, sale and lease, property transactions and credit agreements. The law pertaining to suretyship, mortgage and pledge will be examined as will the law of agency.

Objectives

The learning goals associated with this unit are to:

• identify and describe various forms of business enterprises in South Africa;
• provide basic legal advice regarding the choice of business form;
• discuss, analyse and give advice on the legal structure of the partnership, company, close corporation and business trust;
• explain and give advice on the rights and duties of the different roleplayers in the partnership, company, close corporation and business trust;
• describe the basic common law doctrines/principles governing the various forms of business enterprises;
• analyse and explain the interaction between the statutory law and common law in terms of the various business forms;
• explain the effect of recent court decisions regarding the various business forms;
• analyse a given practical situation in terms of the statutes and common law regarding the various business forms; and
• relate and interpret various sections of the statutes that affect each other.

Assessment

Within semester assessment: 30 %
Examination: 70%

Chief examiner(s)

Michel Koekemoer

Contact hours

One 2-hour lecture and one 1-hour tutorial per week

Prerequisites

BTW1201