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KTH220 SU 2 (theme 1,2,3,4).pdf - KTH220 (SPECIFIC...

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WARNING: These notes were made by CAITLIN LEAHY © - do NOT illegally distribute them!DISCLAIMER: These notes have been complied using the prescribed textbook, lecture slides, lecture recordings,and the prescribed case law. These notes are merely my own personal summaries and I acknowledge that allintellectual credit is due to the authors of the prescribed textbook and the relevant university KTH220 lecturer.1KTH220 (SPECIFIC CONTRACTS)STUDY UNIT 2 – LETTING AND HIRING OF THINGS (LEASE)SU2 – THEME 1 – INTRODUCTION AND ESSENTIALIAINTRODUCTIONGeneral-The definition of ‘lease’ shows you the minimum essentials that the parties musthave consensus on for the agreement to not only be a valid contract but for it to be alease agreement (see definitions below)oLease of things = a reciprocal agreement where one party (the lessor)undertakes to confer upon another party (the lessee) the temporary use andenjoyment of a particular thing in exchange for a counter-performance-There are many different types of lease agreements-When dealing with lease agreements, always start with the contract itself (theparticular agreement between the parties)oFirst step: is it a valid contract? (look at the general requirements)oSecond step: what kind of contract is it? Is it a lease? (look at the essentialia)oThird step: if it is a lease agreement -> what are the rights and duties (andremedies) that naturally flow from this type of lease agreement? (look at thenaturalia)oFourth step: have the parties tailored/changed their rights and duties in anyspecific way? Have extra terms been added or any amendments made to thenaturalia? (look at the incidentalia)-When it comes to general lease agreements, the parties to the contract are called:oLessor (aka the landlord)oLessee (aka the tenant)Sources of law-There has been historical development when it comes to lease agreements-Legislation (legi) applies with the common law (but we look at legi first and commonlaw second). There are particular Acts/statutes/legi for different types of leaseagreements-The common law recognises 3 types of lease agreements:THEME 1 – INTRODUCTION AND ESSENTIALIATHEME 2 – DUTIES OF LESSORTHEME 3 – DUTIES OF LESSETHEME 4 – MICELLANEOUS ASPECTS
WARNING: These notes were made by CAITLIN LEAHY © - do NOT illegally distribute them!DISCLAIMER: These notes have been complied using the prescribed textbook, lecture slides, lecture recordings,and the prescribed case law. These notes are merely my own personal summaries and I acknowledge that allintellectual credit is due to the authors of the prescribed textbook and the relevant university KTH220 lecturer.2oLetting and hiring of things [NOTE: this is the only one we will be discussing]oLetting and hiring of serviceoLetting and hiring of work-As the types of lease agreements developed, legislative intervention was necessaryto make sure that each particular type of lease agreement is properly governed andregulated. The following Acts are examples of legi that has developed to regulatedifferent types of lease agreements:oRent Control Act (RCA)§RCAplaces limits on the amount of rent that can be charged inrespect of certain lease agreements + limits the grounds on whichlessees could be evicted§RCAwas repealed by theRHAoRental Housing Act (RHA)§RHAapplies when we deal with renting of immovable property for

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Term
Fall
Professor
S van wyk
Tags
Common Law, Bill of Rights, Lessor, Leasehold estate

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