A guide to business law by Shawn Kopel

By Shawn Kopel

This article is middle fabric for and gives a transparent, sensible and modern advent to the fundamental ideas of business legislations. it's been up-to-date and revised and gives a vast and leading edge spectrum of content material which addresses each point of industrial legislations. The 5th variation is designed to be clearer and extra obtainable than ever, and extra examples and case illustrations are supplied to augment figuring out and functional software. The textual content now deals a number of new chapters and an extended educating ancillary package deal.

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Importantly, it also introduces you to the concept of legal personality. We all accept that human beings can have rights and duties, but law also creates entities like companies that can also have legal rights and duties. 1What is law? The things that people do are subject to two broad groups of rules, or laws: Scientific laws: These are statements about what people observe repeatedly in nature. They describe what we are able to perceive in the physical universe. We talk about a ‘new’ scientific discovery even though what has been ‘discovered’ has always existed in our world – it is only ‘new’ because we understand it for the first time.

Not all living creatures are legal subjects capable of bearing rights and duties. For example, animals have no rights or duties. However, some non-living creatures may be legal subjects. For example, companies. Two types of legal subjects exist in South African law: Natural persons: All human beings have the capacity to bear rights and duties from the time they are born alive. The legal personality of a human being ends automatically on death. Juristic persons: These are non-living associations which are given the capacity for rights and duties by the law, for example corporations.

If one legal subject has a right to something, then another legal subject has a duty not to interfere with that right. A ‘right’ refers to your ability to claim or protect something in which you have a legal interest from another person. If you hold this interest you may legally require another person to give something, or to do something, or to not do something. Legal subjects may have legal rights to: ‘Corporeal’ things, which are physical things that can be touched. For example, ‘immovables’ such as land (which cannot physically be moved from one place to another and still keep the same appearance), or ‘movables’ such as a motor vehicle (which can be moved physically to another place and keep the same appearance).

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