Tutorial Letter 101/3/2023: Commercial Law IC
Tutorial Letter 101/3/2023: Commercial Law IC
Tutorial Letter 101/3/2023: Commercial Law IC
Commercial Law IC
CLA1503
Semesters 1 and 2
BARCODE
CONTENTS
Page
1 INTRODUCTION ....................................................................................................... 4
2 PURPOSE AND OUTCOMES ................................................................................... 6
2.1 Purpose ..................................................................................................................... 6
2.2 Outcomes .................................................................................................................. 6
3 CURRICULUM TRANSFORMATION........................................................................ 6
4 CONTACTING THE UNIVERSITY VIA EMAIL ......................................................... 7
4.2 Department ............................................................................................................... 8
4.3 College of Law Information Centre ............................................................................ 8
4.4 University .................................................................................................................. 8
5 RESOURCES.......................................................................................................... 10
5.1 Prescribed book(s) .................................................................................................. 10
5.2 Recommended book(s) ........................................................................................... 11
5.3 Electronic reserves (e-reserves) .............................................................................. 11
5.4 Library services and resources information ............................................................. 11
6 STUDENT SUPPORT SERVICES .......................................................................... 12
6.1 The Unisa First-Year Experience Programme ......................................................... 13
6.2 Companies falsely advertising Unisa services ......................................................... 14
7 STUDY PLAN ......................................................................................................... 15
8 PRACTICAL WORK ............................................................................................... 15
9 ASSESSMENT........................................................................................................ 15
9.1 Assessment criteria ................................................................................................. 15
9.2 Assessment plan ..................................................................................................... 16
9.3 Assessment due dates ............................................................................................ 16
9.4 Submission of assessments .................................................................................... 16
9.5 The assessments .................................................................................................... 18
9.6 Other assessment methods ..................................................................................... 18
9.7 The examination ...................................................................................................... 18
9.7.1 Invigilation/proctoring............................................................................................... 18
10 ACADEMIC DISHONESTY ..................................................................................... 19
10.1 Plagiarism ............................................................................................................... 19
10.2 Cheating .................................................................................................................. 19
10.3 Academic matters .................................................................................................... 20
10.4 Administrative matters ............................................................................................. 20
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Dear Student
1 INTRODUCTION
Teaching and learning in a CODeL context involves multiple modes of delivery ranging
from blended learning to fully online. As a default position, all post graduate
programmes are offered fully online with no printed study materials, while
undergraduate programmes are offered in a blended mode of delivery where printed
study materials are augmented with online teaching and learning via the learner
management system – myUnisa. In some instances, undergraduate programmes are
offered fully online as well.
Furthermore, our programmes are aligned with the vision, mission and values of the
University. Unisa's commitment to serve humanity and shape futures combined with a
clear appreciation of our location on the African continent, Unisa's graduates have
distinctive graduate qualities which include
• independent, resilient, responsible and caring citizens who are able to fulfil
and serve in multiple roles in their immediate and future local, national and
global communities
• having a critical understanding of their location on the African continent with
its histories, challenges and potential in relation to globally diverse contexts
• the ability to critically analyse and evaluate the credibility and usefulness of
information and data from multiple sources in a globalised world with its
ever-increasing information and data flows and competing worldviews
• how to apply their discipline-specific knowledges competently, ethically and
creatively to solve real-life problems
• an awareness of their own learning and developmental needs and future
potential
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This tutorial letter (CLA1503/101/2023) introduces you to the study of the module
Commercial Law 1C and contains important information about the scheme of work,
resources and the relevant information about the assignments and the examination
for this module. We urge you to read it carefully and to keep it at hand when working
through the study material; preparing the assignments; preparing for the examination
and addressing questions to your lecturers.
Please read Tutorial Letter 301 in combination with this tutorial letter as it gives you
an idea of generally important information when studying at a distance and within a
particular College.
This tutorial letter also provides all the information you need with regard to the
prescribed study material and other resources and how to obtain them. Please study
this information carefully and make sure that you obtain the prescribed material as
soon as possible.
We have also included certain general and administrative information about this
module. Please study this section of the tutorial letter carefully.
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2 PURPOSE AND OUTCOMES
2.1 Purpose
The aim of this module is to provide you with a general understanding of the South
African legal system and to equip you with knowledge, skills, attitudes and
competencies to analyse and solve well-defined problems relating to the general
principles of the law of contract, specific contracts and other aspects of commercial
law in South Africa.
2.2 Outcomes
3 CURRICULUM TRANSFORMATION
Unisa has implemented a transformation charter, in terms of which the university has
placed curriculum transformation high on the teaching and learning agenda.
Curriculum transformation includes student-centred scholarship, the pedagogical
renewal of teaching and assessment practices, the scholarship of teaching and
learning, and the infusion of African epistemologies and philosophies. All of these will
be phased in at both programme and module levels, and as a result of this you will
notice a marked change in the teaching and learning strategy implemented by Unisa,
together with the way in which the content is conceptualised in your modules. We
encourage you to embrace these changes during your studies at Unisa in a responsive
way within the framework of transformation.
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To assist Unisa to safeguard your personal information, please ensure that you only
use your myLife e-mail account when communicating with the university. We will not
be responding to any emails sent from private email addresses.
By using your myLife e-mail account, the university has a reasonable assurance that
we are communicating with you, as your e-mail address contains your student number
and you use your login credentials to access the account.
Unisa may only communicate with a student using a private e-mail address under
the following circumstances:
• New applicants who are enquiring about information for the purpose of
applying for admission.
• New applicants who do not yet have a myLife e-mail account, because they
have been admitted but not yet registered.
• Where a student requires assistance in resolving myLife e-mail account
access problems.
Please be aware that any personal information you publish on public platforms, such
as social media platforms and WhatsApp groups, is not covered by the provisions of
Protection of Personal Information Act 4 of 2013. Any personal information published
in the public domain is not considered private and can, therefore be accessed by
external parties with access to such platforms.
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4.1 Lecturers
Please DO NOT contact lecturers on issues that are not related to the content of
the module since the lecturers might not have information that you may require.
There is support staff which is explicitly employed to deal with administrative issues.
Please consult the brochure Study @ Unisa which you received with your study
material.
4.2 Department
The general contact for the Department of Mercantile Law are as follows are +27 12
429 6767
4.3 College of Law Information Centre
Please send all e-mails from your myLife e-mail account. If you send an e-mail
directly to a Unisa e-mail address, include your student number in the subject line
to ensure that your e-mail is correctly routed for an advisor for processing.
4.4 University
To contact the university, please dial 080 000 1870. Remember to keep your student
number at hand when contacting the university. The Unisa Student Communication
Service Centre will be open weekdays from 08:00 – 16:00 (South African Standard
Time).
Please send all e-mails from your myLife e-mail account. If you send an e-mail
directly to a Unisa e-mail address, include your student number in the subject line
to ensure that your e-mail is correctly routed for an advisor for processing.
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Please check the list carefully and send an enquiry to one e-mail address only.
This will ensure that there is no confusion as to who must respond, thereby preventing
unnecessary delays in the response or the email portrayed as spam. Students should
only forward enquiries to the Registrar and Deputy Registrar in instances where those
enquiries could not be resolved at other levels.
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FINANCE
Student account enquiries [email protected] 012 429 2441/4299
STUDENT FUNDING
General student funding
[email protected] 012 441 5600
enquiries
STUDY MATERIAL
Despatch enquiries [email protected]
5 RESOURCES
5.1 Prescribed book(s)
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Chapter 12: Transfer and Termination of Personal Rights (Please Note: Only
paragraphs 12.1 (Introduction), 12.2 (Cession) and 12.2.1 (The consequences of
cession) are prescribed)
Chapter 13: The Contract of Sale
Chapter 14: The Contract of Lease
Chapter 15: The Contract of Insurance Chapter 20: The Law of Agency
Chapter 21: Forms of Business Enterprise (Please Note: Paragraph 21.4 (21.4.1-
21.4.8) (Company Law) is not prescribed)
Chapter 23: Security
Chapter 30: Consumer Protection
5.2 Recommended book(s)
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The library has created numerous library guides, available at
http://libguides.unisa.ac.za
Recommended guides:
This brochure contains important information and guidelines for successful studies
through Unisa.
If you need assistance with regard to the myModules system, you are welcome to use
the following contact details:
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You can access and view short videos on topics such as how to view your calendar,
how to access module content, how to view announcements for modules, how to
submit assessment and how to participate in forum activities via the following link:
https://dtls-qa.unisa.ac.za/course/view.php?id=32130
Your myLife account is the only e-mail account recognised by Unisa for official
correspondence with the university and will remain the official primary e-mail
address on record at Unisa. You remain responsible for the management of
this e-mail account.mailto:
Many students find the transition from school education to tertiary education stressful.
This is also true in the case of students enrolling at Unisa for the first time. Unisa is a
dedicated open distance and e-learning institution, and it is very different from face-
to-face/contact institutions. It is a mega university, and all our programmes are offered
through either blended learning or fully online learning. It is for this reason that we
thought it necessary to offer first-time students additional/extended support to help
them seamlessly navigate the Unisa teaching and learning journey with little difficulty
and few barriers. We therefore offer a specialised student support programme to
students enrolling at Unisa for the first time – this is Unisa’s First-Year Experience
(FYE) Programme, designed to provide you with prompt and helpful information about
services that the institution offers and how you can access information. The following
FYE services are currently offered:
• FYE website: All the guides and resources you need in order to navigate
through your first year at Unisa can be accessed using the following link:
www.unisa.ac.za/FYE
• FYE e-mails: You will receive regular e-mails to help you stay focused and
motivated.
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• FYE broadcasts: You will receive e-mails with links to broadcasts on various
topics related to your first-year studies (e.g. videos on how to submit
assessments online).
• FYE mailbox: For assistance with queries related to your first year of study,
send an e-mail to [email protected]
Some companies and social media pages have been falsely advertising Unisa online
information and various services to assist Unisa students. In the process, companies
either solicit money fraudulently from students or make money through online
advertising with no benefit to students.
We request that students only use official Unisa sites and platforms as any other
platforms will provide you with incorrect information and/or act illegally which will be
harmful to your studies.
Unisa will always use official communication channels (eg Unisa website, myUnisa,
Unisa social media platforms, myLife e-mail) to communicate with students.
Please use the following Unisa platforms for official Unisa information:
• www.unisa.ac.za
• https://my.unisa.ac.za
• https://www.facebook.com/UniversityOfSouthAfrica
• https://twitter.com/unisa
• https://www.linkedin.com/company/unisa
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7 STUDY PLAN
It is difficult to suggest a study plan that would suit all students who are registered for
this module. It is however, necessary to work out a study plan for yourself and to keep
to it stringently. For more information on general time management and planning skills,
you can consult the publication, study@Unisa, which you received together with your
study material upon registration
Studying a blended module may differ completely from studying some of your other
modules at Unisa.
▪ All your study material and learning activities for blended and fully online
modules are designed to be delivered online on myUnisa. Although blended
modules include printed material, the module is designed to be delivered online.
▪ All communication between you and the University happens online. Lecturers
will communicate to you by email and SMS, as well as using the
Announcements and Discussion Forums tools.
▪ Check for new announcements. You are advised to also set your myLife email
account so that you receive the announcements emails on your cell phone.
▪ Do the Discussion Forum activities. When you do the activities for each learning
unit, we want you to share your answers with the other students in your group.
You can read the instructions and even prepare your answers offline, but you
will need to go online to post your messages.
8 PRACTICAL WORK
There are no practical work and work-integrated learning for this module.
9 ASSESSMENT
9.1 Assessment criteria
The tuition method for this module consists of both formative assessment and
summative assessment. The year mark counts 20% and the examination mark
counts 80%. In other words: the mark obtained for the two compulsory
assignments (year mark) will count 20% towards your final mark, provided that
you obtain an examination mark of at least 40%.
You therefore need to obtain a subminimum of at least 40% in the examination before
your year mark can be taken into account. This means that a student who has obtained
at least 40% in the examination and has a good year mark will have a great advantage
above another student with no year mark or a poor year mark.
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9.2 Assessment plan
• Please start working on your assessments as soon as you register for the
module.
• Log on to the myUnisa site for this module to obtain more information on
the due dates for the submission of the assessments.
• The myUnisa virtual campus will offer students access to the myModules
site, where learning material will be available online and where
assessments should be completed. This is an online system that is used to
administer, document, and deliver educational material to students and
support engagement between academics and students.
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• When you access your myModules site for the module/s you are registered
for, you will see a welcome message posted by your lecturer. Below the
welcome message you will see the assessment shells for the assessments
that you need to complete. Some assessments may be multiple choice,
some tests, others written assessments, some forum discussions, and so
on. All assessments must be completed on the assessment shells available
on the respective module platforms.
• To complete quiz assessments, please log on to the module site where you
need to complete the assessment. Click on the relevant assessment shell
(Assessment 1, Assessment 2, etc.). There will be a date on which the
assessment will open for you. When the assessment is open, access the
quiz online and complete it within the time available to you. Quiz
assessment questions are not included in this tutorial letter (Tutorial Letter
101) and are only made available online. You must therefore access the
quiz online and complete it online where the quiz has been created.
• It is not advisable to use a cell phone to complete the quiz. Please use a
desktop computer, tablet or laptop when completing the quiz. Students who
use a cell phone find it difficult to navigate the Online Assessment tool on
the small screen and often struggle to navigate between questions and
successfully complete the quizzes. In addition, cell phones are more
vulnerable to dropped internet connections than other devices. If at all
possible, please do not use a cell phone for this assessment type.
• For written assessments, please note the due date by which the
assessment must be submitted. Ensure that you follow the guidelines given
by your lecturer to complete the assessment. Click on the submission
button on the relevant assessment shell on myModules. You will then be
able to upload your written assessment on the myModules site of the
modules that you are registered for. Before you finalise the upload, double
check that you have selected the correct file for upload. Remember, no
marks can be allocated for incorrectly submitted assessments.
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9.5 The assessments
There are no assignments included in this tutorial letter. Assignments and due
dates will be made available to you on myModules for this module.
Examination information and details on the format of the examination will be made
available to you online via the myUnisa site. Look out for information that will be shared
with you by your lecturer and e-tutors (where relevant) and for communication from
the university.
9.7.1 Invigilation/proctoring
Since 2020 Unisa conducts all its assessments online. Given stringent requirements
from professional bodies and increased solicitations of Unisa’s students by third
parties to unlawfully assist them with the completion of assignments and examinations,
the University is obliged to assure its assessment integrity through the utilisation of
various proctoring tools: Turnitin, Moodle Proctoring, the Invigilator App and IRIS.
These tools will authenticate the student’s identity and flag suspicious behaviour to
assure credibility of students’ responses during assessments. The description below
is for your benefit as you may encounter any or all of these in your registered modules:
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IRIS Invigilation software verifies the identity of a student during assessment and
provides for both manual and automated facial verification. It has the ability to record
and review a student’s assessment session. It flags suspicious behaviour by the
students for review by an academic administrator. IRIS software requires installation
on students’ laptop devices that are enabled with a webcam.
Students who are identified and flagged for suspicious dishonest behaviour arising
from the invigilation and proctoring reports are referred to the disciplinary office for
formal proceeding.
Please note:
Students must refer to their module assessment information on their myModule sites
to determine which proctoring or invigilation tool will be utilised for their formative and
summative assessments.
10 ACADEMIC DISHONESTY
10.1 Plagiarism
Plagiarism is the act of taking the words, ideas and thoughts of others and presenting
them as your own. It is a form of theft. Plagiarism includes the following forms of
academic dishonesty:
• Copying and pasting from any source without acknowledging the source.
• Not including references or deliberately inserting incorrect bibliographic
information.
• Paraphrasing without acknowledging the original source of the information.
10.2 Cheating
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-
rules
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10.3 Academic matters
All module content-related enquiries must first be addressed to the relevant module
lecturers. As already indicated above, all such enquiries must be made from your
[email protected] email account. Where your module lecturer(s) is unable to assist,
such enquiries can be escalated to the Chair of the Department in which your module
is located. The Chair of the Department is the one with the power to resolve issues, is
authorised to make such interventions, and has the final say in matters relating to the
administration of a module. Such escalation must be done via the departmental
administrative staff.
Contact information for the departmental administrative staff for this module is
captured below.
The contact information for administrative departments is included in par 4.4 of this
Tutorial Letter. Please address any administrative issues (for example, registration
issues, finance-related issues, graduation issues, auditing of a qualification, etc) with
the relevant support department and neither the lecturers nor college.
If you are a student with a disability and would like additional support or need additional
time for assessments, you are invited to contact relevant Department to discuss the
assistance that you need. For example [email protected], so that you can
be assisted. In your email include the name of the module(s) that you are currently
registered for. For content-related queries, please send an email to Adv MP Makakaba
at [email protected].
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13 IN CLOSING
We encourage you to immediately start studying and not wait for the last minute to do
your assignments or prepare for the examination. Your success is our priority, because
through you we will achieve our goal.
We wish you all the best with your studies at Unisa.
©
Unisa 2023
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