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B Com
Business Law
Definition ◦ Law is a set of rules governing human conduct,
recognised as binding by people and enforced by the State
What rules should we adopt?
(Our class law)
Eg: starting times, breaks, participation, talking etc
Prescribed: General Principles of Commercial Law Havenga et al 2010, 7th Edition, Juta
South African Mercantile & Company Law
Gibson, Juta
Guide to Business Law
Kopel, Oxford University Press
Legal Principles of Contracts & Commercial Law
Fouché, Lexis Nexis
Basic Principles of Business Law Collier-Reed, Lexis Nexis
www.letslearnmore.weebly.com
www.saflii.org
www.polity.org.za
www.gov.za
Mention the sources of SA law
Discuss the hierarchy of the SA court system
Discuss the functions and jurisdiction of upper and lower courts
Discuss the doctrine of stare decisis and its implications for the hierarchy of courts
Read Module 1 of study guide
Chapter 1 of General Principles of Commercial Law
Module 1 of Business Law for B Com (www.letslearnmore.weebly.com)
Where does our law come from? ◦ The origins of our law
◦ Our law comes from Roman-Dutch law but is influenced by Roman law & English law
Where do we find our law? ◦ The sources of our law
◦ There are a number of sources of South African law
Sources of law
Statutory law
Common law
Statutory law (also called Acts or Legislation) ◦ The Constitution
Customary law
Judgments of the courts (judicial precedent)
The old authorities
Foreign law
Textbooks & law journals
Jurisdiction ◦ High Courts
◦ Magistrates Courts
Criminal & Civil
Regional & District Courts
Officers of the Court ◦ Attorneys & Advocates
◦ Court officials
“Let the decision stand”
Sometimes the decision of a court gives a new meaning or interpretation to our law
To create certainty & consistency courts are bound to follow previous decisions
Every court is bound by the decision of a superior court within its area of jurisdiction
Every court is bound by the decision of a court of the same status within its area of jurisdiction unless it is convinced other court is wrong
One division of the High Court is not bound by another division
Magistrates’ courts are bound by judgments of all higher courts but not of other Magistrates’ courts.
