HFL1501 — Part 2 Study Guide Index
"Historical foundations and development of the law of property and obligations (pp. 67–135)"
01
Navigation
| Note | Topic | Pages |
|---|
| 01 - LU1 Setting the Scene | Constitution, transformative constitutionalism | 68–73 |
| 02 - LU2 Law of Property | Real rights, ownership, possession, rei vindicatio | 74–105 |
| 02a - LU2 Acquisition of Ownership | Nemo plus iuris, traditio, iusta causa, modes of acquisition | 82–88 |
| 02b - LU2 Limited Real Rights & Servitudes | Servitudes, hypothec, usufruct | 89–93 |
| 02c - LU2 Constitutional Developments | ss 25 & 26, PIE Act, key cases | 93–105 |
| 03 - LU3 Law of Contract | Obligations, consensus, general principles | 106–121 |
| 03a - LU3 Contract of Sale | Emptio venditio, essentialia, duties of parties | 121–135 |
| 04 - Latin Terms Glossary | All key Latin terms for Part 2 | — |
02
Key Themes Across All Units
- - The Constitution is supreme law (s 2) — all common law, legislation and customary law must align with it
- - Transformative constitutionalism = using law to drive large-scale social change (Klare's definition)
- - Law of property and law of contract are closely linked — the iusta causa for transfer of ownership is usually a contract
- - The rei vindicatio (property) and actio empti/venditi (contract) are the core remedies
- - Good faith (bona fides) runs through both property and contract law
03
Self-Assessment Checklist
- - [ ] Can you explain transformative constitutionalism in your own words?
- - [ ] Can you distinguish a real right from a personal right?
- - [ ] Can you explain why both delivery AND iusta causa are needed for ownership transfer?
- - [ ] Can you discuss the three key PIE Act cases?
- - [ ] Can you identify the essentialia of a contract of sale?
- - [ ] Can you distinguish void from voidable contracts?
- - [ ] Can you explain the role of good faith historically and today?