ABSTRACT
Contracts of various kinds are known in Tswana law. Women and children, as already indicated, are normally incapable of entering into contracts without the consent of their guardian. He has the power to nullify any independent contract they may make; but can be held liable for their breach of any contract of which he had approved. The presence of witnesses is merely a necessary precaution in case of breach, and instead of going to the kgotla the contracting parties may call a couple of friends or relatives to witness their agreement. There is a special form of contract by which a man places one or more of his cattle into the keeping of another, who has the right to use them in various ways. Among the Ngwato and Tawana there was formerly a somewhat different system of contract governing the cattle entrusted to tribesmen by the Chief and other members of the royal family.
