CLA1501 May/Jun 2017 exam paper — questions

Free sample

  1. Question 1.a · Sources of South African law · 2 marks

    It is often said that the South African legal system, unlike Roman law, is not codified. Explain what this statement means.Show the full question

  2. Question 1.b · Sources of South African law · 4 marks

    South African courts are divided into lower courts and superior courts. List the various officers who are found in the superior courts.Show the full question

  3. Question 1.c.i · Property, ownership and possession · 1 marks

    For each of the scenarios below, identify the specific method by which ownership of the relevant property is acquired. Scenario: Macks buys a piece of land from his uncle, Percy, so that he can build a house for his family. Describe the method of acquisition of ownership involved here.Show the full question

  4. Question 1.c.ii · Property, ownership and possession · 1 marks

    Continuing with the same set of scenarios about acquisition of ownership: Sibusiso goes to the veld to hunt rabbits that belong to no one, and he manages to catch three of them. Describe the method of acquisition of ownership involved here.Show the full question

  5. Question 1.c.iii · Property, ownership and possession · 1 marks

    Continuing with the same set of scenarios about acquisition of ownership: Mary has bought a car for her brother, Khathu, intending to give it to him as a gift on his 40th birthday. Describe the method of acquisition of ownership involved here.Show the full question

  6. Question 1.c.iv · Property, ownership and possession · 1 marks

    Continuing with the same set of scenarios about acquisition of ownership: Fifty years ago, Musa occupied a piece of land next to his house, which he accidentally fenced in and subsequently cultivated. Describe the method of acquisition of ownership involved here.Show the full question

  7. Question 1.d · Classification of rights · 3 marks

    Personal rights arise from obligations. Name the three sources that may give rise to obligations between legal subjects.Show the full question

  8. Question 1.e · Contractual terms, conditions and breach · 5 marks

    Mmachaka hires a professional seafood caterer to supply seafood for her 50th birthday party. She invites 30 guests, all of whom confirm that they will attend. However, the day before the party, 15 of the guests tell Mmachaka that they will no longer attend because they would rather go to a street party being held at the same time and on the same day in Sandton, Johannesburg, within walking distance of her upmarket house. Advise Mmachaka on whether she is able to take any legal action against the 15 guests who failed to attend the birthday party on the basis of breach of contract.Show the full question

  9. Question 1.f · Legal subjects, status and capacity · 2 marks

    Name two factors that influence a person's capacity to act.Show the full question

  10. Question 2(a) · Formation of a contract: offer and acceptance · 6 marks

    Explain briefly, in the context of contract formation through offer and acceptance, the six requirements that must be satisfied for an offer to be regarded as valid.Show the full question

  11. Question 2(b)(i) · Formation of a contract: offer and acceptance · 3 marks

    Musa and Chaka arrange over the telephone to meet at Mzolisto's Restaurant. While at the restaurant, Musa offers to buy Chaka's car for R150 000, and Chaka accepts the offer without any qualification or reservation. A week later, Chaka telephones Musa to say how pleasant it is to do business with him. Two days after that call, at Morebene Shopping Centre, the car is delivered and the purchase price is paid. State when and where the contract between Musa and Chaka was concluded.Show the full question

  12. Question 2(b)(ii) · Formation of a contract: offer and acceptance · 2 marks

    Referring to the same facts involving Musa and Chaka (where Musa offered to buy Chaka's car for R150 000 at Mzolisto's Restaurant and Chaka accepted immediately, followed a week later by a phone call from Chaka and delivery/payment two days after that at Morebene Shopping Centre), state whether it would be possible for Musa to withdraw his letter of acceptance.Show the full question

  13. Question 2(c) · Formation of a contract: offer and acceptance · 4 marks

    Masego takes her friends Juliet and Iris to a restaurant. When it is time for Masego to pay, she realises that she does not have her purse with her. Juliet agrees to settle the bill, but suspects that Masego will not repay her. Juliet therefore asks Iris whether she will bind herself as surety for Masego's debt, and Iris agrees by nodding her head. Determine whether the agreement between Juliet and Iris, concluded in this manner, is valid.Show the full question

  14. Question 3(a) · Sources of South African law · 1 marks

    Column A lists five legal terms, and Column B lists six numbered descriptions labelled 3.1 to 3.6 (one description will not be used). For each term in Column A, students must select the description from Column B that matches it, following the example format '(a) - 3.1'. The descriptions in Column B are: 3.1 the capacity or competence to acquire and to bear rights and duties; 3.2 a public sale where the price is neither set nor arrived at by negotiation, but is discovered through the process of competition and open bidding; 3.3 the underlying reason for a court's ruling; 3.4 any right that a legal subject has regarding a specific legal object and which is protected by law; 3.5 this occurs where the guardian allows the minor to lead an economically separate and independent life, with the guardian's consent given either expressly or tacitly; 3.6 a remark in passing that was unnecessary for the decision of the case and is, therefore, not binding in subsequent court cases. Match the term 'ratio decidendi' in Column A with the correct corresponding description numbered 3.1 to 3.6 in Column B.Show the full question

  15. Question 3(b) · Legal subjects, status and capacity · 1 marks

    Column A lists five legal terms, and Column B lists six numbered descriptions labelled 3.1 to 3.6 (one description will not be used). For each term in Column A, students must select the description from Column B that matches it, following the example format '(a) - 3.1'. The descriptions in Column B are: 3.1 the capacity or competence to acquire and to bear rights and duties; 3.2 a public sale where the price is neither set nor arrived at by negotiation, but is discovered through the process of competition and open bidding; 3.3 the underlying reason for a court's ruling; 3.4 any right that a legal subject has regarding a specific legal object and which is protected by law; 3.5 this occurs where the guardian allows the minor to lead an economically separate and independent life, with the guardian's consent given either expressly or tacitly; 3.6 a remark in passing that was unnecessary for the decision of the case and is, therefore, not binding in subsequent court cases. Match the term 'tacit emancipation' in Column A with the correct corresponding description numbered 3.1 to 3.6 in Column B.Show the full question

  16. Question 3(c) · Legal subjects, status and capacity · 1 marks

    Column A lists five legal terms, and Column B lists six numbered descriptions labelled 3.1 to 3.6 (one description will not be used). For each term in Column A, students must select the description from Column B that matches it, following the example format '(a) - 3.1'. The descriptions in Column B are: 3.1 the capacity or competence to acquire and to bear rights and duties; 3.2 a public sale where the price is neither set nor arrived at by negotiation, but is discovered through the process of competition and open bidding; 3.3 the underlying reason for a court's ruling; 3.4 any right that a legal subject has regarding a specific legal object and which is protected by law; 3.5 this occurs where the guardian allows the minor to lead an economically separate and independent life, with the guardian's consent given either expressly or tacitly; 3.6 a remark in passing that was unnecessary for the decision of the case and is, therefore, not binding in subsequent court cases. Match the term 'legal capacity' in Column A with the correct corresponding description numbered 3.1 to 3.6 in Column B.Show the full question

  17. Question 3(d) · Formation of a contract: offer and acceptance · 1 marks

    Column A lists five legal terms, and Column B lists six numbered descriptions labelled 3.1 to 3.6 (one description will not be used). For each term in Column A, students must select the description from Column B that matches it, following the example format '(a) - 3.1'. The descriptions in Column B are: 3.1 the capacity or competence to acquire and to bear rights and duties; 3.2 a public sale where the price is neither set nor arrived at by negotiation, but is discovered through the process of competition and open bidding; 3.3 the underlying reason for a court's ruling; 3.4 any right that a legal subject has regarding a specific legal object and which is protected by law; 3.5 this occurs where the guardian allows the minor to lead an economically separate and independent life, with the guardian's consent given either expressly or tacitly; 3.6 a remark in passing that was unnecessary for the decision of the case and is, therefore, not binding in subsequent court cases. Match the term 'auction' in Column A with the correct corresponding description numbered 3.1 to 3.6 in Column B.Show the full question

  18. Question 3(e) · Classification of rights · 1 marks

    Column A lists five legal terms, and Column B lists six numbered descriptions labelled 3.1 to 3.6 (one description will not be used). For each term in Column A, students must select the description from Column B that matches it, following the example format '(a) - 3.1'. The descriptions in Column B are: 3.1 the capacity or competence to acquire and to bear rights and duties; 3.2 a public sale where the price is neither set nor arrived at by negotiation, but is discovered through the process of competition and open bidding; 3.3 the underlying reason for a court's ruling; 3.4 any right that a legal subject has regarding a specific legal object and which is protected by law; 3.5 this occurs where the guardian allows the minor to lead an economically separate and independent life, with the guardian's consent given either expressly or tacitly; 3.6 a remark in passing that was unnecessary for the decision of the case and is, therefore, not binding in subsequent court cases. Match the term 'right' in Column A with the correct corresponding description numbered 3.1 to 3.6 in Column B.Show the full question

  19. Question B1 · Sources of South African law · 2 marks

    Among the courts of South Africa, one is classified as a lower court. Identify which of the following is that lower court: (1) the Labour Court; (2) the Constitutional Court; (3) the Magistrate's Court; (4) the Land Claims Court.Show the full question

  20. Question B2 · Sources of South African law · 2 marks

    Regarding how the doctrine of stare decisis operates, one of the following statements is wrong. Choose the INCORRECT statement: (1) a High Court, whether sitting as a full bench or not, is bound by decisions of the Supreme Court of Appeal; (2) a High Court is not obliged to follow the rulings of a High Court from a different jurisdiction area; (3) within its own area of jurisdiction, a full bench of a High Court is bound by an earlier ruling of the full bench of that same court; (4) where different High Courts have handed down conflicting judgments, a magistrate's court is free to follow whichever decision it considers correct.Show the full question

  21. Question B3 · Classification of rights · 2 marks

    One of the following four statements about branches of the law is wrong. Select the INCORRECT statement: (1) family law deals with relationships between family members; (2) family law deals with relationships between parents and their children; (3) the law of personality protects a person's right to his or her good name/reputation; (4) the law of personality protects a person's right to privacy.Show the full question

  22. Question B4 · Property, ownership and possession · 2 marks

    Alfred draws up a will bequeathing his house to his son Michael, on condition that Michael may not sell the house while his mother Martha is still alive, because the will grants Martha the right to occupy the house until she dies. The will therefore gives Martha a limited real right to use and enjoy the property. Which ONE of the following limited real rights best describes what Martha holds in this situation: (1) a praedial servitude; (2) possession; (3) a usufruct; (4) occupation?Show the full question

  23. Question B5 · Legal subjects, status and capacity · 2 marks

    Concerning a deceased person's estate, only one of the following statements is accurate. Identify the CORRECT statement: (1) a deceased estate comprises all the assets and liabilities that belonged to the deceased; (2) the deceased's debts bind both the estate and the executor personally; (3) the executor may sue and be sued jointly with the deceased person regarding estate matters; (4) if the deceased left a valid will, the estate is distributed according to the rules of intestate succession.Show the full question

  24. Question B6 · Formation of a contract: offer and acceptance · 2 marks

    Only one of the following statements about mistake and contract validity is true. Choose the CORRECT statement: (1) a reasonable mistake about a material fact regarding the contents of a contract does not always make the contract void; (2) even where there is a mistake about the contents of a contract, consensus between the parties will still exist; (3) a contract cannot be valid where there is no consensus; (4) a mistake regarding the motive or reason for entering into a contract affects the validity of that contract.Show the full question

  25. Question B7 · Formation of a contract: offer and acceptance · 2 marks

    Kwena and Richard negotiated the sale of a house, during which Kwena told Richard that the house had a sound foundation and that there was no risk of the walls cracking. After both parties signed the contract, a heavy thunderstorm occurred two days later, causing three walls to crack because the house had been built on clay. Which ONE of the following statements about this scenario is CORRECT: (1) Richard has no remedies against Kwena because he signed the contract of sale; (2) the contract between Kwena and Richard is voidable on the ground of misrepresentation; (3) the agreement between Kwena and Richard is void on the ground of misrepresentation; (4) no contract came into existence because the parties never reached consensus?Show the full question

  26. Question B8 · Legal subjects, status and capacity · 2 marks

    Only one of the following persons is regarded as having limited capacity to perform juristic acts. Identify that person: (1) a man declared a prodigal by the court; (2) an unmarried adult who has been drinking heavily; (3) a divorced woman who is seventeen years old; (4) a minor under the age of seven years.Show the full question

  27. Question B9 · Legal subjects, status and capacity · 2 marks

    Consider the following five persons: A, a fourteen-year-old boy; B, a seven-year-old girl; C, a six-year-old boy; D, an eighteen-year-old girl; and E, a juristic person. Which of these persons have NO capacity to perform juristic acts at all? Choose from: (1) only A and B; (2) A, B and C; (3) only B and D; (4) only C and E.Show the full question

  28. Question B10 · Legal subjects, status and capacity · 2 marks

    Jane, a sixteen-year-old woman, marries Dan, a seventeen-year-old man, on 30 January 2016, and both attain majority as a consequence of concluding this valid marriage. Jane later discovers that Dan is an alcoholic who has withdrawn all the savings from their joint account to buy liquor, so she files for divorce in the High Court in Johannesburg. On 15 September 2016 the High Court grants a decree of divorce. Which ONE of the following statements about their status after the divorce is CORRECT: (1) both parties revert to being minors; (2) both parties remain majors; (3) only Dan remains a major; (4) none of the above?Show the full question

  29. Question B11 · Contractual terms, conditions and breach · 2 marks

    Choose the option that correctly completes this statement: 'Contracts in restraint of trade are ...'. The choices are: (1) in principle invalid and unenforceable, because a person's freedom to compete in the employment market is restrained and this is therefore contrary to public policy; (2) in principle valid but unenforceable, because although parties may agree to such a restraint, a court will give precedence to the public interest over the contractual commitment where these conflict; (3) in principle valid and enforceable, because the law allows a person's freedom to trade to be restrained if the parties freely agree to it; (4) in principle invalid but enforceable, because the law does not want to unnecessarily restrain a person's freedom to trade.Show the full question

  30. Question B12 · Formation of a contract: offer and acceptance · 2 marks

    Only one of the following donations must be made in writing and signed by the donor in order to be valid. Identify which one: (1) Aaron gives his 18-year-old niece, Mary, a BMW car for her birthday; (2) John gives his wife Betty, to whom he is married out of community of property, a brand-new car; (3) Kamo promises to give his friend Lebo a new BMW car in six months' time; (4) Tshidi gives her mother a gift voucher worth R3 000.Show the full question

  31. Question B13 · Formation of a contract: offer and acceptance · 2 marks

    In certain circumstances an electronic signature can legally serve the same purpose as a traditional handwritten signature. Regarding the possible forms such an electronic signature may take, one of the following statements is wrong. Identify the INCORRECT statement: (1) an electronic signature can be a typed name at the end of a document; (2) an electronic signature can be a scanned handwritten signature; (3) an electronic signature can involve the use of complex identification technology if it is intended to serve as a signature; (4) an electronic signature can be an actual handwritten signature at the end of a document.Show the full question

  32. Question B14 · Contractual terms, conditions and breach · 2 marks

    Donald agrees to buy James a new car one month after Samson's death occurs. Which ONE of the following statements about this arrangement is CORRECT: (1) the moment for performance cannot be fixed because it is uncertain when Samson will die; (2) a contractual relationship arises between Donald and James, and neither may rescind the contract; (3) this is an example of a resolutive time clause, since the contractual obligation only has effect until a certain event occurs; (4) this is an example of a suspensive condition, since the contractual obligations remain suspended until the condition is fulfilled?Show the full question

  33. Question B15 · Contractual terms, conditions and breach · 2 marks

    Matome wants to buy a stand from Tapiwa, and they agree that Matome will only purchase it if the beach is visible from the stand; Tapiwa herself is unsure whether the beach can be seen from there. What is this type of contractual term called: (1) a warranty; (2) a condition; (3) a modus; (4) a supposition?Show the full question

  34. Question B16 · Contractual terms, conditions and breach · 2 marks

    Mampuru and Makhado conclude a written contract of sale for Plot 200 at a price of R800 000, but Mampuru's secretary types the agreement the next day and mistakenly records the price as R80 000; both parties sign the document without checking it. Which ONE of the following statements is CORRECT: (1) because the agreement is in writing, the parol evidence rule excludes evidence of any oral agreement concluded before the written one; (2) because oral contracts of sale for the alienation of land are invalid, the parties will be bound to the price of R80 000; (3) the written contract is void due to mistake, and evidence of the oral agreement will be admissible under the general principles of contract interpretation; (4) the written contract may be rectified, since the parol evidence rule does not exclude evidence of the parties' true intention where the written contract fails to reflect it?Show the full question

  35. Question B17 · Contractual terms, conditions and breach · 2 marks

    Thuli and Sally agree that Thuli will do the interior decorating of Sally's holiday flat for a contract price of R25 000, which covers both the labour and the materials. Before Thuli can begin the project, the flat is completely destroyed by fire due to Sally's negligence. Which ONE of the following statements is CORRECT: (1) Thuli cannot claim anything from Sally because the contract has terminated; (2) Thuli can claim the full contract sum of R25 000 from Sally as damages; (3) Thuli can claim R25 000 from Sally, less whatever amount she has saved by not having to perform; (4) Thuli can claim only for expenses she has already incurred?Show the full question

  36. Question B18 · Contractual terms, conditions and breach · 2 marks

    Regarding release as a way of terminating a contractual obligation, only one of the following statements is accurate. Choose the CORRECT statement: (1) an agreement whereby a creditor and debtor agree that the creditor will discharge the debtor from his or her contractual obligations is called release; (2) release is often accompanied by an intention on the debtor's part to donate; (3) a mere offer of release made by the creditor to the debtor is enough to constitute release; (4) an offer of release can only be made orally or in writing.Show the full question

  37. Question B19 · Contractual terms, conditions and breach · 2 marks

    Tshepo wins a gift voucher from Shine Car Fixtures entitling her to a free carwash; since she does not own a car, she cedes her right to the carwash to her friend Mpho. Which ONE of the following statements about this cession is CORRECT: (1) an agreement between Tshepo and Shine Car Fixtures, in terms of which a new obligation is created between Shine Car Fixtures and Mpho, amounts to a cession of rights; (2) an agreement between Tshepo and Mpho, in terms of which Mpho becomes entitled to performance by Shine Car Fixtures, amounts to a cession of rights; (3) an agreement between Shine Car Fixtures and Mpho, in terms of which a new obligation is created between Shine Car Fixtures and Mpho, amounts to a cession of rights; (4) an agreement between Tshepo and Mpho, in terms of which a new obligation is created between Shine Car Fixtures and Mpho, amounts to a cession of rights?Show the full question

  38. Question B20 · Contractual terms, conditions and breach · 2 marks

    An obligation can come to an end in various ways. Select the option that correctly identifies a way in which an obligation can be terminated: (1) prevention of performance; (2) supervening impossibility of performance; (3) supervening impossibility of performance where the debtor is in mora; (4) initial impossibility of performance.Show the full question