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Course Outline 2013

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SCHOOL OF LAW
COURSE OUTLINE:
LAW OF BUSINESS ENTITIES LAWS3010 (2013)
Lecturer Details: Consultation Days and Times:
Professor Natania Locke(coordinator)
Tel: 717 8461
Email:Natania.Locke@wits.ac.za
Room: Annex 4
Ms. Judith Katzew
Tel: 717 8421
Email: Judith.Katzew@wits.ac.za
Room: 137
Mr Herbert Kawadza
Tel: 717 8856
Email: Herbert.Kawadza@wits.ac.za
Room: 158
_____________________________________________________________
COURSE DESCRIPTION
A warm welcome to Business Entities!
This course will introduce you to the various methods of legally constituting and operating a
business entity in South Africa. In view of the fact that the course aims at presenting an
overview of all legal forms of business entities a level of generality in the treatment of the
subject matter is inevitable. Nevertheless a core aspect of the course is to ensure a more
detailed treatment of the main forms of business entities, namely partnerships and
Wed: 11:00 13:00
(or by appointment)
Wed: 10:00 12:00
(or by appointment)
Mon: 15:00 17:00
(or by appointment)

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companies.We will mention the close corporation during the course of our lectures where this
business form differs from companies. Note that close corporations is a self-study module.
However, you will be examined on this form of business entity as many businesses in South
Africa still operate in this business form.
Partnerships are not regulated by statute in South African law. The principles of the law of
partnership is therefore derived from the common law and in case law. The new Companies Act
71 of 2008 will be the main source of company law, but case law is also of vital importance. The
Close Corporations Act 69 of 1984 is the primary source of the law of close corporations, as
developed through case law.
LEARNING OUTCOMES
At the end of the course you should be able to define the essential legal attributes of each form
of business, to outline and explain their advantages and disadvantages, to compare and contrast
the various types of business entities. Secondly, you are expected to be able to do critical
analyses of the rules governing the constitution and operation of partnerships and companies, in
particular the rules delimiting their attributes, formation, powers, management and financing.
The company law component is largely regulated by legislation and you will therefore be
expected to take cognisance of the relevant statutory provisions in addition to studying the
prescribed literature. While you are not expected to memorise the statutory provisions, you are
required to know key provisions and be able to study the contents in such a way that you can
discuss and apply them a lucid manner.
We will do examples of the type of question you may expect in the semester test and in the
exam during lectures and in the tutorials.
ASSESSMENT
Your progress in this course will be assessed by way of a written semester test and a written
examination.
The semester test will constitute 50% of your year mark. You will be examined in this test on
the material covered in topic 1-9 of this course outline. The semester test is a closed-book
assessment.
The final written, closed-book examination will count 50% of your final mark. You will be
examined in this test on the material covered in week 10-16 of this course outline.
Both of these assessments will require written answers to problem and /or theoretical question.
You will be expected to answer questions relating to legal principles and to demonstrate a sound
knowledge and understanding of the relevant legislation as well as case law that impact upon
the carrying on of business in South Africa. Students will also be required to apply the theory to
‘problem type’ questions, which will require a synthesis of the theory and an ability to apply the
theory to the legal problem.
NB: You have to achieve a minimum of 35% for each of the assessment components for this
course, as well as an overall mark of at least 50% to pass the course.

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SCHOOL OF LAW COURSE OUTLINE: LAW OF BUSINESS ENTITIES LAWS3010 (2013) Lecturer Details: Consultation Days and Times: Professor Natania Locke(coordinator) Wed: 11:00 – 13:00 Tel: 717 8461 (or by appointment) Email:Natania.Locke@wits.ac.za Room: Annex 4 Ms. Judith Katzew Wed: 10:00 – 12:00 Tel: 717 8421 (or by appointment) Email: Judith.Katzew@wits.ac.za Room: 137 Mr Herbert Kawadza Mon: 15:00 – 17:00 Tel: 717 8856 (or by appointment) Email: Herbert.Kawadza@wits.ac.za Room: 158 _____________________________________________________________ COURSE DESCRIPTION A warm welcome to Business Entities! This course will introduce you to the various methods of legally constituting and operating a business entity in South Africa. In view of the fact that the course aims at presenting an overview of all legal forms of business entities a level of generality in the treatment of the subject matter is inevitable. Nevertheless a core aspect of the course is to ensure a more detailed treatment of the main forms of business entities, namely partnerships and 1|P a g e companies.We will mention the close corporation during the course of our lectures where this business form differs from companies. Note that close corporations is a self-study module. However, you will be examined on this form of business entity as many businesses in South Africa still operate in this business form. Partnerships are not regulated by statute in South African law. The principles of the law o ...
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