Practical Legal Research training presented to the Legal Practice, Integrated Assessment Program and Final Year classes at the UCT Law Faculty. It covers various legal research skills, including the research process for practical legal problems.
Research is refers to a search for knowledge .in fact research is an art of scientific investigation. Research an academic activity and such the term should be used in technical sense.
Research is refers to a search for knowledge .in fact research is an art of scientific investigation. Research an academic activity and such the term should be used in technical sense.
Premiumessays.net is an academic paper writing services provider specializing in essay writing. However we handle other academic papers because we have the writers academically qualified and experienced in handling them.Our major goal is to help you achieve your academic goals. We are commited to helping you get top grades in your academic papers.We desire to help you come up with great essays that meet your lecturer's expectations.
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
EVOLUTION OF LEGAL EDUCATION IN INDIA: DIFFERENT PHASESsebis1
These slides are regarding legal education in india.
The encyclopaedia of education defines legal education as a ‘skill for human knowledge which is universally relevant to the lawyer’s art and which deserve special attention in educational institution.’ Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law or business. • Legal education makes lawyer an expert who pleads for all like the doctor who prescribes for all, like the priest who preach for all and like the economist who plan for all.
Legal education is the preparation for the practice of law. Law is a special calling demanding high quality of study and research and commitment to the cause of justice. Law is the foundation of every society or a nation. Legal Education of the people is a sine qua non. Legal Education does not only create law- abiding citizens, but also produces brilliant academicians, visionary judges, astounding lawyers, and awe-inspiring jurists.
Legal education in India generally refers to the education of lawyers before entry into practice. • Legal education derives its impetus from the economic, social and political set up of the society. • Legal education is a human science which furnishes beyond techniques, skills and competences the basic philosophies, ideologies, critiques, and instrumentalities for the creation and maintenance of a just society.The history of law links closely to the development of civilization. • Early Western legal education emerged in Republican Rome. • Initially those desiring to be advocates would train in schools of Rhetoric. • Around the third century BCE Tiberius Coruncanius began teaching law as a separate discipline.
His public legal instruction created a class of legally skilled non-priests or jurisprudents. • Coruncanius allowed members of the public and students to attend consultations with citizens in which he provided legal advice. • After Coruncanius' death, instruction gradually became more formal, with the introduction of books on law beyond the then scant official Roman legal texts.
Canon and ministerial law were studied in universities in medieval Europe. • However, institutions providing education in the domestic law of each country emerged later in the eighteenth century. • In England, legal education emerged in the late thirteenth century through apprenticeships. The Inns of Court controlled admission to practice and also provided some legal training.
English universities had taught Roman and canon law for some time, but formal degrees focused on the native common law did not emerge until the 1800s. • Even from common roots, the United States and the United Kingdom developed very different systems for preparing lawyers for practice.
This is a class lecture under the course Introduction to Legal Research Methodology taught at Jahangirnagar University.
Learning outcome: a) Students will be informed about the basic differences between research methods and research methodology; b) Students will learn about the different categories of research being carried out in academia.
Introduction to financial fraud, Financial and corporate fraud, Threats to the organization, Challenges, Case study on Bernard l. madoff investment securities LLC, How a Ponzi scheme works, Madoff Fraud
Red, green and amber light theories of administrative lawPlutus IAS
The red light theory sees judicial control over administration as a weapon of sound administration while the green light theory perceives such control as an intervention or obstacle to the administrative process.
This training is presented to first year law students to familiarise them with legal resources available at UCT. The training covers how to access the different resources and conduct basic searches.
This presentation was given to the Masters class for Intellectual Property Law in order to familiarise themselves with the UCT Law Library, its staff, procedures and policies and its resources. It gives an overview of the different resources, with short how-tos included on their use.
Premiumessays.net is an academic paper writing services provider specializing in essay writing. However we handle other academic papers because we have the writers academically qualified and experienced in handling them.Our major goal is to help you achieve your academic goals. We are commited to helping you get top grades in your academic papers.We desire to help you come up with great essays that meet your lecturer's expectations.
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
EVOLUTION OF LEGAL EDUCATION IN INDIA: DIFFERENT PHASESsebis1
These slides are regarding legal education in india.
The encyclopaedia of education defines legal education as a ‘skill for human knowledge which is universally relevant to the lawyer’s art and which deserve special attention in educational institution.’ Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law or business. • Legal education makes lawyer an expert who pleads for all like the doctor who prescribes for all, like the priest who preach for all and like the economist who plan for all.
Legal education is the preparation for the practice of law. Law is a special calling demanding high quality of study and research and commitment to the cause of justice. Law is the foundation of every society or a nation. Legal Education of the people is a sine qua non. Legal Education does not only create law- abiding citizens, but also produces brilliant academicians, visionary judges, astounding lawyers, and awe-inspiring jurists.
Legal education in India generally refers to the education of lawyers before entry into practice. • Legal education derives its impetus from the economic, social and political set up of the society. • Legal education is a human science which furnishes beyond techniques, skills and competences the basic philosophies, ideologies, critiques, and instrumentalities for the creation and maintenance of a just society.The history of law links closely to the development of civilization. • Early Western legal education emerged in Republican Rome. • Initially those desiring to be advocates would train in schools of Rhetoric. • Around the third century BCE Tiberius Coruncanius began teaching law as a separate discipline.
His public legal instruction created a class of legally skilled non-priests or jurisprudents. • Coruncanius allowed members of the public and students to attend consultations with citizens in which he provided legal advice. • After Coruncanius' death, instruction gradually became more formal, with the introduction of books on law beyond the then scant official Roman legal texts.
Canon and ministerial law were studied in universities in medieval Europe. • However, institutions providing education in the domestic law of each country emerged later in the eighteenth century. • In England, legal education emerged in the late thirteenth century through apprenticeships. The Inns of Court controlled admission to practice and also provided some legal training.
English universities had taught Roman and canon law for some time, but formal degrees focused on the native common law did not emerge until the 1800s. • Even from common roots, the United States and the United Kingdom developed very different systems for preparing lawyers for practice.
This is a class lecture under the course Introduction to Legal Research Methodology taught at Jahangirnagar University.
Learning outcome: a) Students will be informed about the basic differences between research methods and research methodology; b) Students will learn about the different categories of research being carried out in academia.
Introduction to financial fraud, Financial and corporate fraud, Threats to the organization, Challenges, Case study on Bernard l. madoff investment securities LLC, How a Ponzi scheme works, Madoff Fraud
Red, green and amber light theories of administrative lawPlutus IAS
The red light theory sees judicial control over administration as a weapon of sound administration while the green light theory perceives such control as an intervention or obstacle to the administrative process.
This training is presented to first year law students to familiarise them with legal resources available at UCT. The training covers how to access the different resources and conduct basic searches.
This presentation was given to the Masters class for Intellectual Property Law in order to familiarise themselves with the UCT Law Library, its staff, procedures and policies and its resources. It gives an overview of the different resources, with short how-tos included on their use.
SAFLII is a free legal database that is rich in resources. This training covers how to do topic searches for resources, how to use the advanced searches as well as browsing SAFLII and using LawCite.
Paralegal's Guide to the Methodology of Effective Legal ResearchMichael Kaiser, JD.
Presented by Michael Kaiser to a national audience on October 25, 2011, on behalf of the Institute for Paralegal Education.
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
Legal research - getting started with Westlaw & LexisEmily Allbon
Slides for session with LLB1 students - learn about the problems of researching via google as well as getting familiar with the many different ways of searching in databases.
CRJ 550Legal Issues in Criminal Justice AdministrationResear.docxannettsparrow
CRJ 550
Legal Issues in Criminal Justice Administration
Research Paper Guidelines
Your major writing requirement for this course will be due at the end of Module 7. You will be provided with a number of scenarios which give rise to a variety of legal issues. Your assignment is to identify the legal issues in one of the scenarios, research those issues, and make recommendations for addressing those issues. This will really help you learn to write and correctly document a research paper. And, if you feel you already are an accomplished researcher and writer, it will enhance your ability to perform research.
General Instructions
1. Technical The completed research paper should be typed in MS Word only, Arial or Times New Roman, 12 pt font, double-spaced format with footnotes and bibliographic references, not less than 8 pages nor exceeding 12 pages in length. It will have a minimum word count of 1750 words. This page requirement does not include an abstract or bibliography page. Always check for grammar, spelling, and proper citation before submitting your work. It is expected that the student will devote a great deal of initiative toward producing a quality product worthy of the high academic standards established at Saint Leo University. This research paper is worth 27 points and will represent 27% of the final course grade.
This is not a personal opinion paper; all of it must be backed up by your research. Your paper should cite those sources you are relying on to formulate the pros and cons as well as your final recommendations. Your paper should include a minimum of five reference sources. These references can be five cases or five journal articles or a combination of cases and articles.
As discussed in the syllabus, Saint Leo University uses Turnitin to validate the originality of a student’s work. Turnitin is integrated into the Research Paper Dropbox and your paper will be assigned an originally score. Any papers with an originality score of greater than 15% will be subject to an automatic score of 0, as well as potentially subjecting to the student to referral to the Academic Standards Committee for an academic integrity review.
A tip:Do not wait until the last few days before the paper is due, to submit it to the Dropbox. A paper may be resubmitted to the Dropbox should the originality score be too high, provided it is still before the final due date for the assignment.
Please note that your instructor is available to assist you at any time. All you have to do is ask!
2. Background
You are the Special Assistant to the Saint Leo Chief of Police (or, Saint Leo County Sheriff, as you prefer). As such, you are a very trusted and dependable aide. The chief relies on you for your good judgment, experience, and analytical abilities.
The Chief/Sheriff is fairly new to the Saint Leo Police Department (SLPD/SLCSO). There are many problems in the department, not all of which are the fault of this chief. However, the Chief/Sheriff wa.
This presentation was given to animal science students, and was adapted from a number of sources (in the reference list). It is intended to help students understand how to structure a scientific article and the basics of scientific writing.
This presentation was given to postgraduate students to assist them with using Microsoft Word and it's functions for formatting to present a polished looking document.
This guide walks you through how to conduct a literature review, including some useful hints and tips on how to manage your literature and structure the writing of the review. Any postgraduate student will find this guide useful.
This was delivered to the Masters in Social Work class to assist with their thesis, specifically their literature review. This training covered the theory and basics of "how to" literature review.
This presentation is to assist students and graduates in conducting an academic literature review, with step by step help, including some tips for academic reading and writing.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
1. Legal Research Skills
for legal practice
Elizabeth Moll
elizabeth.moll@uct.ac.za
021 650 5691
Anthea Paulsen
anthea.paulsen@uct.ac.za
021 650 1261
This work is licensed under a Creative CommonsAttribution-NonCommercial 4.0 International License.
2. Research Process for Practical
Problems
Client’s
problem
• What the client wants
from you
• Are there existing
documents eg. Court
orders?
Field of law
•Which subject area does it fall in? Is it more
than one?
•Find cases and legislation on your problem
•Any legal principles that apply?
Determine the
applicable legal
principles
• Consult your cases and
legislation
Drafting of
pleadings
• Jurisdiction!
3. Example Problem
Grace Kelly parked her car on the 16 December
2014 outside a friends home, 54 Love Street,
Mitchells Plain. She loves her green mini
registration number 123KELLY. As she was about
to leave she heard a loud noise and ran outside.
A police officer, while on duty driving a police
vehicle, had knocked into her car while
reversing. The reasonable and fair cost to repair
her damaged vehicle is R14 600. She approaches
you for assistance.
4. Where to start?
• What does the client want?
– Damages paid for car
• Field?
– Delict: Claim for damages to movable property
– Who is she claiming from?
• Employee while on duty = employer = SAPS
– Look at type of liability: vicarious?
• Legal principles?
– Delictual claim for damages
– Vicarious liability applies
5. Researching your field
• Narrow down to some specific topics in your field
if possible: eg. Vicarious liability
• Authority sources: cases and legislation!
– You can search for these by topic if you know it!
• Helpful sources: academic writings eg. Textbooks
– Can often show you exactly where to look and the
precedents that have already been set
– Don’t rely only on these – check up to make sure it
applies!
6. Using a textbook
• Our problem: law of delict
– Loubser and Midgley (eds.) The Law of Delict in
South Africa. Cape Town: OUP. 2012
– This has a specific chapter devoted to vicarious
liability – start there!
7. Databases for research within your
field
• LexisNexis SA
– Use to find cases and legislation that can help you
– Use to access forms and precedents
• Juta
– Use to find cases and legislation that can help you
• Sabinet Legal
– Use to find legislation and policy documents that can
help you
• SAFLII
– Use to find cases that can help you
8. Finding Primary Sources:
Cases and Legislation
• Case law:
– Use databases like LexisNexis, Juta and SAFLII
– Note the case citation:
• Legislation:
– Use databases like Sabinet, Juta, LexisNexis and SAFLII
Act Name Act Number Of Act Year
Water Act 36 of 1998
10. 4 types of ‘focus’ searches:
ADVANCED – searches across everything
LAW REPORT – specific case search
LEGISLATION – specific Acts search
GAZETTES ONLINE – specific Government Gazette search
Can also browse through the
contents
11. Now you can also prefilter for the type of document you
want – this is not as effective as a law report search, but
useful for a keyword search
Tick the box you want, then type your keywords into the
red search box and click search
21. Once you have the Act name, you can then do an
Act search using the Legislation search
22.
23.
24.
25. If your authority doesn’t come up…
• Use the contents on the left hand side to find
the legislation or case by year or title!
Not finding cases?
Use the Indexer and Noter-up to the All South
African Cases!
26. You can look up either a specific subject
or a specific Act to see which cases deal
with either your subject or your Act
27. For example
– if we were
to look up
damages we
would select
‘subject
index’ and
‘D’ to find
‘damages’
28. It sets out a one-line
about the case in
alphabetical order
and then a link to the
case
29. Using Amler’s Precedence of Pleadings
in LexisNexis
• Amler’s Precedents of Pleadings (LexisNexis
SA)
– Search by field of law / topic: there may be more
than one
30.
31. You can click on the first letter of
your topic eg. D for Damages
37. When you open a case, the legal citator
(“CiteIt”) will pop open.
Here you can see the details of the
judgment, subject analysis, judgment
history, judgment treatment and more.
So you can check if its good precedent
or not!
38. Click on judgment treatment:
Blue = neutral
Red = negative
Green = positive
Yellow = cautionary
White circle = no analysis
Black circle = conflicting analysis
41. Different search forms:
ADVANCED – searches everything
BOOLEAN – allows you to search using Boolean operators
ACTS – searches national legislation
JOURNALS – searches for Journal articles
GOVERNMENT GAZETTES – searches Government Gazettes
LAW REPORTS – searches for cases
PROVINCIAL LEGISLATION – searches specifically for provincial legislation
43. You can search
through cases’
flynotes and
headnotes –
similar to the
LexisNexis
keyword search
Can filter it here to
only look at South
African cases by
ticking the relevant
boxes
47. If you don’t know a specific
Act / headnote search isn’t
working and want to search
in general use the Advanced
search
Filter what you want to
search here eg. Law Reports
and Statutes
48. This will look for each word separately
This will look for this exact phrase
60. SAFLII
This is a free access to law database –
and it contains documents from many
different courts and tribunals. It is a
very valuable resource and easy to use!
62. Simply type in your topic search into the
search box - use your search operators
eg. AND, OR, NOT and “ “ for phrases
63. Your results will come up in terms of
relevance to your keywords. The
percentage number behind each items
indicates how relevant it is to your topic
64. If you want to look for specific types eg.
Cases, use the ‘by databases’ tab and it
will show you how many documents in
each court
Click on the document number to open
the list
73. Select LawCite on the case you want to
view
Alternatively go to LawCite.org and
search for the case there
74. It shows all the cases that have referred to this case – not only in South Africa, but
also elsewhere that has a Legal Information Institute – you can click on each heading
to arrange the results by that heading
75. Nature of proceedings: jurisdiction and
precedents
• Consult your cases and legislation: any specific
principles that govern your problem? Any
similar cases?
– In certain cases textbooks are helpful in
identifying the elements you need to show
• Decide on your jurisdiction
76. Finding Secondary Sources:
Books, Journals, Commentaries
• Use the Aleph Catalogue to find books
• Use the e-journal portal to find specific journals
• Use HeinOnline and SA ePublications to search
for articles
• Use OpenUCT to find theses as well as
publications from the law faculty staff
77. Aleph
• UCT Catalogue of books, journals that are in the library
• Note down the shelf number of an item!
– You need this to find the book on the shelf
• Different Law Library locations
– Law Library Reserve = Short Loan centre behind loans desk
– Law Library Open Shelves = Normal loan on Level 1 of library
– Law Library Reference Section = Not for loan, on Level 2
– Law Library Leisure Collection = 7 day loan, on Level 2
• Let’s look for the following book:
Wille’s principles of South African law./
Francois du Bois... [et al.] --
Cape Town : Juta, 2007.
78. Finding Books
using the UCT Catalogue
• The UCT Catalogue contains a list of all the
books, e-books, dvds and other materials in all
the UCT Libraries.
• Let’s look for the following book:
Wille’s principles of South African law./
Francois du Bois... [et al.] --
Cape Town : Juta, 2007.
79.
80.
81.
82. If there aren’t many results, your
result screen will show you this
83. If there are more than a few results, then
your results screen will look like this:
84. Finding Journals / Journal Articles
Article Citation Format:
Author Title (Year) Volume Journal Title Starting Page
Eg.
Kok, A. Is Law able to Transform Society (2010)
127 SALJ 59
To find what ‘SALJ’ means – use Cardiff Index
95. Problems
Problem 1: Problem 2:
A and B were married in community of
property on 1 January 1989. They bought
an immovable property in 1990. Three
children were born of the marriage. On 13
June 2006 A and B divorced in Wynberg
Court and the divorce order states there
must be a division of the joint estate. B
wants nothing to do with A and
approaches you in 2015 to claim her half
share in the property, furniture, pensions
fund and the return of a diamond ring
that she inherited that is stored in A’s
family safe.
Two brothers co-own a plot which
consists of two properties each with
separate addresses. Your client used to
live in the one property, while the other
property was rented out by his brother.
He received a portion of the rent.
However, the relationship broke down
and your client moved out and bought a
small property. The other property was
sold to the younger brother. Your client no
longer receives a share of the rent. The
matter of arrears rental has gone to trial
and absolution from the instance was
granted.
96. Problem one:
• Field of Law
• In this case – is prescription an issue?
– Need to consult the Divorce Order to see the
settlement
• Helpful books:
– Barratt, A. (ed.) Law of Persons and the Family.
Cape Town : Pearson Education South Africa, 2012
Private Law Family Law
Matrimonial
Property
Law
97. Problem one: suggested authorities
• Legislation:
– Divorce Act 70 of 1979
• Claim for half of assets:
– Legal principle: Marriage in community of property
has an equal division of the joint estate at divorce
• Case Law:
– Inheritance excluded from joint estate:
• Erasmus v Erasmus 1942 AD 265
– Pension fund case:
• Ex parte Randles: In re King v King [1998] 2 All SA 412 (D)
98. Problem one: suggested authorities
• Amler’s Precedents:
– Divorce
• Forms and precedents:
– Marriage and Settlement Contracts
99. Problem two:
• Field of Law
• The previous judgment is needed – why the
absolution from the instance.
• Co-ownership rules: rights with regards to sale
should be looked at
Private
Law
Property
Law
Ownership
Sale
100. Problem two:
• Helpful books:
– Mostert & Pope (eds.) 2010. The Principles of the
Law of Property. Cape Town: OUP
– Bradfield & Lehmann. Principles of the Law of Sale
and Lease. Cape Town: Juta
– Van der Merwe, C.G. Things in Law of South Africa
Volume 27 2nd Edition.
101. Problem two: suggested authorities
• Legislation:
– Deeds Registries Act
– Alienation of Land Act 68 of 1981
• Case Law
– Claim for rent by co-owner:
• Pretorius v Botha [1961] 4 All SA 318
– Sale of property:
• Drummond v Dreyer [1954] 1 All SA 146 (N)
102. Problem two: suggested authorities
• Amler’s Precedents:
– Ownership
– Vindication
– Sale
103. More Problems
Problem 3: Problem 4:
Client X wishes to change her sex via
gender realignment. What services are
there in the western cape and after the
process which she thinks may take a few
years, would she be able to change her
sex on her birth certificate. Please advise.
Thomas, your client, quotes for the
painting of Mrs Conradie’s house. Mrs
Conradie accepts the offer and signs the
quote. Thomas indicates that he will first
finish the paint job and that Mrs Conradie
can settle the full amount outstanding
afterwards. On completion of the job, Mrs
Conradie refuses to pay Thomas, saying
that he had done a bad job. Thomas
argues that he did exactly what they
agreed to and that Mrs Conradie is trying
to enrich herself at his expense.
104. Problem three:
• Field of Law
• The question as to whether there are such services in
the Western Cape is not a legal one – it is a medical
one
• Helpful books:
– Barratt, A. (ed.) Law of Persons and the Family. Cape Town
: Pearson Education South Africa, 2012
Private
Law
Law of
Persons
Sex and
Gender
105. Problem three: suggested authorities
• Legislation:
– Alteration of Sex Description and Sex Status Act 49
of 2003
• Application to change sex on birth certificate:
– Department of Home Affairs sets out the
guidelines in terms of the above act and have a
specific form for this purpose (Form BI-526)
106. Problem four:
• Field of Law
• Look at the type of breach by the other party
in order to determine the applicable remedy.
• Helpful books:
– Hutchison, D. (ed.) The Law of Contract in South
Africa. 2nd ed. Cape Town : Oxford University Press
South Africa, 2012
Private Law Contract
Law
Breach of
contract and
remedies
107. Problem four: suggested authorities
• Legislation:
– Contract law and its remedies are grounded in
Common Law (Roman-Dutch Law)
• Case Law
– Requirements for an order of Specific Performance:
• Farmers’ Co-operative Society (Reg) v Berry 1912 AD 343
• Amler’s Precedents:
– Contract: Specific performance
108. Research Assistance
• Use the Library’s Virtual Reference Service at:
www.law.lib.uct.ac.za
• Email us
elizabeth.moll@uct.ac.za OR
anthea.paulsen@uct.ac.za
• Call us (021) 650-1261 (Anthea)
(021) 650-5691(Elizabeth)
• Set up an appointment with us for a consultation
• Visit us in the Library! – Level 2, Kramer Building, Middle
Campus
108