Civil Law and Civil Procedure
What to master
Cover persons (legal capacity, legal entities), transactions and contracts (formation, validity, void vs. voidable, performance, breach, damages), property (ownership, possession, servitudes), obligations (including delictual liability and unjust enrichment), inheritance, and limitation periods. In procedure, learn jurisdiction, standing, burden of proof, the stages of a civil case, and the effect of a final judgment (res judicata).
Traps to expect
- Void vs. voidable: a transaction contrary to law is void from the start; one made under mistake or duress is voidable at the request of the affected party. Questions swap these terms.
- Limitation periods: they bar the claim, not the right; and they are suspended or interrupted by defined events. Do not confuse with procedural deadlines.
- Burden of proof: the claimant proves the facts of the claim; the defendant proves defenses. A question may reverse this.
- Contract formation: offer and acceptance must match; a purported acceptance with material changes is a counter-offer.
Rule of thumb
For contract scenarios, use O-A-C-B-D: Offer, Acceptance, Consideration/basis, Breach, Damages. Identify which link is missing or defective; that pinpoints the right answer. For procedure, ask who bears the burden before evaluating the facts.
Worked example
A seller accepts an offer but adds a new delivery term. That is not acceptance but a counter-offer; no contract exists until the original offeror accepts the counter-offer. So a claim for breach of the original contract fails.