How often Contractual terms, conditions and breach is asked

Where it was asked

• May/Jun 201836 marks
• Oct/Nov 201716 marks
• May/Jun 201721 marks

The questions

1. May/Jun 2018, Q1.45 marks

   Contracts are primarily entered into so that they can be fulfilled or discharged through due and proper performance; however, not every contract ends this way. When the intended outcome is not achieved because one of the contracting parties is at fault, that party is said to have committed breach of contract. Name FIVE different forms that breach of contract can take.

2. May/Jun 2018, Q2.81 mark

   This question requires completing each statement below by filling in the missing word or phrase, writing each answer down in the answer book. Identify the type of contract whose essential feature is that one party undertakes to render performance to another if some uncertain future event, dependent on chance or luck, occurs.

3. May/Jun 2018, Q2.91 mark

   This question requires completing each statement below by filling in the missing word or phrase, writing each answer down in the answer book. Name the rule which provides that once a contract has been reduced to writing or integrated into a single, complete document, that written document becomes the sole record of the agreement, and it is this document that must be interpreted to determine the contract's content.

4. May/Jun 2018, Q2.101 mark

   This question requires completing each statement below by filling in the missing word or phrase, writing each answer down in the answer book. Identify the form of breach of contract that is understood as any behaviour by a contracting party indicating that he or she may not honour the obligations under the contract.

5. May/Jun 2018, Q310 marks

   Column A) provides the numbered legal terms: 3.1 Contracts for the alienation of land; 3.2 Contracts of suretyship; 3.3 Essentialia; 3.4 Naturalia; 3.5 Incidentalia; 3.6 Suspensive condition; 3.7 Resolutive condition; 3.8 Warranty; 3.9 Modus; 3.10 Cancellation clause. Column B) provides the lettered descriptions: a) a contractual term whereby a contracting party accepts absolute responsibility for proper performance relating to the absence of defects in the warrantor's product or service; b) a contractual term which renders the continued existence of the contract dependent on the occurrence (or non-occurrence) of a specified uncertain future event; c) a contractual term which suspends the operation of the contractual obligations in terms of the contract until the condition has been fulfilled; d) where the contracting parties have special requirements, additional terms may be inserted into the contract; e) terms which the law attaches to every contract of a particular class; f) those terms which are essential for the classification of a contract as belonging to a particular class or category of contract; g) is binding only if it is in writing and signed by, or on behalf of, the surety; h) no contract for the alienation of land is valid unless it is contained in a contract of alienation signed by the parties to the contract; i) a clause entitling a contracting party to cancel the contract summarily if the other party is in breach of contract; j) a contractual term which burdens a contracting party's right to the performance made to him or her in terms of the contract. An example of the required matching format is given: 3.1 a. Match each numbered item in Column A) with the correct lettered description from Column B), following the example format given (3.1 a): match 3.1 Contracts for the alienation of land; 3.2 Contracts of suretyship; 3.3 Essentialia; 3.4 Naturalia; 3.5 Incidentalia; 3.6 Suspensive condition; 3.7 Resolutive condition; 3.8 Warranty; 3.9 Modus; and 3.10 Cancellation clause, with the appropriate description lettered a) to j) as set out in the intro.