Faculty of Business and Economics

Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

FacultyFaculty of Business and Economics
Organisational UnitDepartment of Business Law and Taxation
OfferedSouth Africa First semester 2015 (Day)
Coordinator(s)Mr Benjamin Kujinga


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, e.g. 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.


The learning goals associated with this unit are to:

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


Within semester assessment: 30 %
Examination: 70%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. Independent study may include associated readings, assessment and preparation for scheduled activities. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)