CLA1503 May/Jun 2018 exam paper — questions

Every question, by topic

1. Question 1 · General principles and sources of law · 5 marks

   For each of the following five statements relating to the sources and principles of South African law, indicate whether it is true or false: (1) English law is not one of the authoritative sources of South African law; (2) constitutional supremacy means that the Constitution is the highest law of the country and any law that conflicts with its provisions may be declared invalid; (3) contracts in restraint of trade are in principle invalid and unenforceable because they restrain a person's freedom to compete in the employment market and are therefore contrary to public policy; (4) prevention of performance is the form of breach of contract in which a debtor does something that he or she may not do in terms of the agreement; (5) in an insurance contract, an uncertain event insured against is known as a risk.Show the full questionShow less

2. Question 2 · General principles and sources of law · 10 marks

   A bank of concepts/terms is provided: Negligence, Instalment, Actio empti, Restitution, Misrepresentation, Premium, Ratification, Duress. Each of the five statements below must be matched with exactly one of these concepts or terms, writing the correct concept/term in the box provided for each statement. Match each of the following five statements with one concept or term chosen from the list (Negligence, Instalment, Actio empti, Restitution, Misrepresentation, Premium, Ratification, Duress): (1) the act of restoring something that has been taken away, lost or surrendered to the rightful owner; (2) an unlawful threat of harm or injury made by a party to a contract, or by someone acting on his/her behalf, which causes the other party to conclude the contract; (3) the amount paid or undertaken to be paid in return for an undertaking to provide insurance; (4) a remedy which the purchaser can use to enforce his or her rights against the seller and to claim damages; (5) a process of validating a contract concluded by a person who was not authorised to conclude it.Show the full questionShow less

3. Question 3 · Contract of sale · 5 marks

   List five rights that a purchaser has under the common law.Show the full questionShow less

4. Question 4(a) · Contract of lease · 3 marks

   Troy leases his citrus farm, Wonderboom, to Brian for a period of twelve years in exchange for 10% of the crop produced each season, with the consent of the relevant ministry. Troy and Brian sign a written lease agreement, but the lease is not registered against the farm's title deed. Name the three essential elements required for a valid contract of lease.Show the full questionShow less

5. Question 4(b) · Contract of lease · 5 marks

   Troy leases his citrus farm, Wonderboom, to Brian for a period of twelve years in exchange for 10% of the crop produced each season, with the consent of the relevant ministry. Troy and Brian sign a written lease agreement, but the lease is not registered against the farm's title deed. Discuss whether Troy and Brian's contract of lease is valid even though the rent payable is not an amount that can be determined in money (it being 10% of the crop produced each season rather than a monetary sum).Show the full questionShow less