ABSTRACT
This chapter is based on data gathered during field studies of several Tswana 'tribes' in Bechuanaland Protectorate, notably Kgatla, Kwena, Ngwaketse, Ngwato, and Tawana. In its simplest form, a contract in Tswana law is a promise which the courts will enforce. All contracts impose obligations upon one of the parties concerned, and reciprocally confer rights upon the other. There were only three instances suggesting that capacity to contract is limited in other ways too. In these, courts ruled that: 'one woman does not give another woman cattle to herd'; a man had 'acted wrongly' in buying an ox from another who was 'sick'; and 'because the parties are closely related, there can be no question of contract'. The vast majority of contracts are concluded by oral agreement. Except in regard to betrothal, there is apparently no set form of 'offer' and 'acceptance'.
