CLA1501/101/3/2018

Tutorial Letter 101/3/2018

Commercial Law 1A
CLA1501
Semesters 1 & 2

Department of Mercantile Law

IMPORTANT INFORMATION:

Please register on myUnisa, activate your myLife e-mail addresses and make sure
that you have regular access to the myUnisa module website, CLA1501-2018-
S1/S2, as well as your group website.
CONTENTS
Page
1 INTRODUCTION .......................................................................................................................... 3
2 PURPOSE OF AND OUTCOMES FOR THE MODULE............................................................... 4
2.1 Purpose ........................................................................................................................................ 4
2.2 Outcomes ..................................................................................................................................... 4
3 LECTURER(S) AND CONTACT DETAILS................................................................................... 4
3.1 Lecturer(s) .................................................................................................................................... 4
3.2 Department ................................................................................................................................... 4
3.3 University ...................................................................................................................................... 5
4 MODULE-RELATED RESOURCES ............................................................................................. 5
4.1 A study guide and other tutorial letters .......................................................................................... 5
4.2 Prescribed books .......................................................................................................................... 5
4.3 Recommended books ................................................................................................................... 5
4.4 Electronic Reserves (e-Reserves)................................................................................................. 5
5 STUDENT SUPPORT SERVICES FOR THE MODULE ............................................................... 6
6 MODULE-SPECIFIC STUDY PLAN ............................................................................................. 6
7 ASSESSMENT ............................................................................................................................. 7
7.1 Outcomes and assessment criteria ............................................................................................... 7
7.2 Assessment plan .......................................................................................................................... 8
7.3 General assignment numbers ....................................................................................................... 8
7.3.1 Unique assignment numbers ........................................................................................................ 8
7.3.2 Due dates for assignments ........................................................................................................... 8
7.4 Submission of assignments .......................................................................................................... 8
7.5 Assignments ................................................................................................................................. 9
7.5.1 Commentaries and feedback on the assignments ......................................................................... 9
8 EXAMINATION ........................................................................................................................... 11
8.1 Examination admission ............................................................................................................... 11
8.3 Examination paper ...................................................................................................................... 11
8.4 Previous examination papers ...................................................................................................... 12
9 FREQUENTLY ASKED QUESTIONS ........................................................................................ 12
10 CONCLUSION............................................................................................................................ 12
11 ADDENDUM ............................................................................................................................... 13

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 CLA1501/101/3/2018

1 INTRODUCTION
Dear Student

We are pleased to welcome you as a student of Commercial Law 1A (CLA1501) and hope
that you will find it interesting and rewarding. We shall do our best to make your studies
of this module successful. You will be well on your way to success if you start studying
early in the semester and resolve to do the assignments properly.

This tutorial letter (CLA1501/101/2018) contains important information about this module. We
urge you to read it carefully and to keep it at hand when working through the study material,
preparing the assignments, preparing for the examination and addressing questions to your
lecturers.

In this tutorial letter you will find the two compulsory assignments for semesters 1 and 2,
instructions on the preparation and submission of the assignments (See 7.2.1 below
regarding the importance of the assignments for admission to the examination
and their contribution towards a year mark for the module).

This tutorial letter also provides all the information you need with regard to the prescribed
study material and how to obtain it. Finally, we include in this tutorial letter certain general and
administrative information concerning this module. Please study this information carefully and
make sure that you obtain the prescribed study material as soon as possible. Apart from
this tutorial letter, you will also receive other tutorial letters during the semester. Your study
material for CLA1501 will therefore consist of a study guide and tutorial letters (namely,
tutorial letters 101 (this tutorial letter); 102 (in which we confirm your lecturers and the
prescribed study material, set out rules for the examination and describe the kinds of questions
you may expect in the examination); and 201 and 202 (which contain the memoranda and
commentaries on the assignments)) which you will receive from the university and a
prescribed textbook which you must purchase. These tutorial letters will not necessarily be
available at the time of registration. Tutorial letters will be dispatched to students as soon as
they are available.You can also access the study guide and tutorial letters on myUnisa.

You are therefore encouraged to register on myUnisa, a tool which will enable you to
communicate with other students and lecturers, submit assignments, access library resources
and download study material. You can access myUnisa on http://my.unisa.ac.za. Go to the
website and log in using your student number and password. You will see [CLA1501-18-S1/S2]
in the row of modules displayed in the orange blocks at the top of the webpage. Select the More
tab if you cannot find the module you require in the orange blocks. Then click on the module
you want to open.

For further information on myUnisa and other administrative information please consult the
publication Study @ Unisa.

Right from the start we would like to point out that you must read all the tutorial letters you
receive during the semester immediately and carefully, as they always contain important and,
sometimes, urgent information.

We hope that you will enjoy this module and wish you all the best!

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2 PURPOSE OF AND OUTCOMES FOR THE MODULE

2.1 Purpose
The aim of this module is to provide you with a general understanding of the South African legal
system and equip you with knowledge, skills, attitudes and competencies to analyse and solve
well-defined problems relating to the general principles of the law of contract in South Africa.

2.2 Outcomes
The following are the outcomes for this module:
■ the study units that deal with the South African legal system and science of law
provide you with a general overview of the law and enable you to relate the different
sections of the law to one another;
■ the study units that deal with the general principles of the law of contract should
enable you to identify, analyse and solve basic legal problems relating to the law of
contract; and
■ y ou should also be able to give advice on how contracts arise, what the effect of a
particular clause in a contract is, what the implications of breach of contract are, and
how personal rights are transferred or terminated.

At the end of this module you should be equipped with knowledge, skills and
competencies to analyse and solve basic legal problems relating to general
principles of contracts in South Africa. You should also be able to analyse
information regarding the functioning of the South African legal system and the
application thereof.

3 LECTURER(S) AND CONTACT DETAILS

3.1 Lecturer(s)
The lecturers responsible for this module are as follows:
NAME TELEPHONE NUMBER EMAIL ADDRESS

Mr M Phosa (Module Leader) 012 429-3842 [email protected]

Adv N Hlongwane 012 429-8832 [email protected]
Adv M Maleka 012 429-8378 [email protected]

Letters should be sent to:

The Module Leader (CLA1501)

Department of Mercantile Law
PO Box 392
UNISA
0003

PLEASE NOTE: Letters to lecturers may not be enclosed with or inserted into
assignments.

3.2 Department

You may alternatively also contact the departmental secretary on (012) 429 8460.
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 CLA1501/101/3/2018

3.3 University
If you need to contact the University about matters not related to the content of this module,
please consult the publication Study @ Unisa which you received with your study material. This
publication contains information on how to contact the University (e.g. to whom you may write,
important telephone and fax numbers, addresses and details of the times certain facilities are
open).

Always have your student number at hand when you contact the University.

4 MODULE-RELATED RESOURCES
4.1 A study guide and other tutorial letters
You will receive this study material from the Department of Despatch. You can also access the
study material on myUnisa.

4.2 Prescribed books

The prescribed textbook for CLA1501 is General Principles of Commercial Law 8th ed
(2015) Juta co-authored by Kelbrick R, Schulze H (General Editor), Hurter E, Manamela E,
Manamela T, Masuku B, Stoop C and Stoop P. You must purchase this prescribed textbook.
The prescribed textbook can be obtained from the University’s official booksellers. If you have
difficulty finding the book at these booksellers, please contact the Prescribed Books Section at
012 429-4152 or e-mail [email protected].

Only the following chapters in the prescribed textbook have to be studied for this module:

Chapter 1: The South African Legal System

Chapter 2: Introduction to the Science of Law
Chapter 3: Law of Contract: Introduction
Chapter 4: Consensus
Chapter 5: Capacity to Perform Juristic Acts
Chapter 6: Possibility of Performance
Chapter 7: Formalities
Chapter 8: Terms of the Contract
Chapter 9: Interpretation of the Contract
Chapter 10: Breach of Contract
Chapter 11: Remedies for Breach of Contract
Chapter 12: Transfer and Termination of Personal Rights

Prescribed books can be obtained from the University’s official booksellers. If you have difficulty
locating your book(s) at these booksellers, please contact the Prescribed Books Section at
012 429-4152 or e-mail [email protected].

4.3 Recommended books

There are no recommended books for this module.

4.4 Electronic Reserves (e-Reserves)

There are no e-reserves for this module.

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5 STUDENT SUPPORT SERVICES FOR THE MODULE
For information on the various student support systems and services available at Unisa (e.g.
student counselling, tutorial classes, language support), please consult the publication Study @
Unisa which you received with your study material.

Students are also encouraged to register for myUnisa and myLife to interact with fellow
students and e-tutors.

If you have access to a computer that is linked to the internet, you can quickly access resources
and information at the University. The myUnisa learning management system is the University’s
online campus that will help you communicate with your lecturers, with other students and with
the administrative departments at Unisa – all through the computer and the internet.

You can start at the main Unisa website at http://www.unisa.ac.za and then click on the
myUnisa orange block. This will take you to the myUnisa website. To go to the myUnisa website
directly, go to https://my.unisa.ac.za. Click on the Claim UNISA Login on the right-hand side of
the screen on the myUnisa website. You will then be prompted to give your student number in
order to claim your initial myUnisa details as well as your myLife e-mail login details.
For more information on myUnisa, consult the brochure Study @ Unisa, which you received
with your study material.

It is very important that you log in to myUnisa regularly to check if there are no new
announcements and to participate in the Discussion Forum. You can set your myLife e-mail
account to receive the announcement e-mails on your cellphone.

Unisa offers e-tutor services for students registered for CLA1501. The e-tutor is there to guide
you through your study material. Once you have registered, you will be allocated to a group of
students and an e-tutor. Thereafter, you will receive an SMS informing you about your group,
the name of your e-tutor and instructions on how to log on to myUnisa in order to receive further
information on the e-tutoring process. The e-tutor service is free of charge. All you need to be
able to participate in e-tutoring is a computer with internet connection.

Free computer and internet access:

Unisa has entered into partnerships with establishments (referred to as Telecentres) in various
locations across South Africa to enable you (as a Unisa student) free access to computers and
the Internet. This access enables you to conduct the following academic related activities:
registration; online submission of assignments; engaging in e-tutoring activities and signature
courses; etc. Please note that any other activity outside of these are for your own costing e.g.
printing, photocopying, etc. For more information on the Telecentre nearest to you, please visit
www.unisa.ac.za/telecentres.

6 MODULE-SPECIFIC STUDY PLAN

Refer to the publication Study @ Unisa for general time management and planning skills.
Please make an immediate note of the closing dates for assignments. We may not grant
extensions for the submission of assignments and failure to submit assignment 01 before the
submission date or failure to submit it at all will mean that you do not have admission to
the examination.

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 CLA1501/101/3/2018

7 ASSESSMENT
7.1 Outcomes and assessment criteria
Outcome 1:

Students can apply general principles of the law of contract within a legal framework to
real life situations.

Assessment criteria:
• show a basic understanding of the South African legal system and identify legal issues
regarding the general principles of the law of contract in real or simulated fact scenarios;
• interpret and analyse real life occurrences within the framework of the law of contract;
• choose correct procedures to solve specific business problems relating to the general
principles of the law of contract; and
• efficient information-gathering, analysis and synthesis, and evaluation skills are demonstrated
• identify, analyse and serve the commercial needs of individuals and society creatively and
innovatively.

Outcome 2:

Students can manage information relating to the functioning of the South African legal
system and the general principles of the law of contract appropriately.

Assessment criteria:

• find the relevant sources to solve basic legal problems regarding the functioning of the South
African legal system and the general principles of the law of contract;
• integrate information from different sources to address basic problems relating to the
functioning of the South African legal system and the general principles of the law of contract in
a business environment;
• apply knowledge of the functioning of the South African legal system and legal principles
relating to the general principles of the law of contract to authentic and simulated scenarios
• use the information to explore relationships between business and principles of the law of
contract;
• identify, analyse and serve the commercial needs of individuals and society creatively and
innovatively;
• Efficient information-gathering, analysis and synthesis, and evaluation skills are demonstrated.

There are two assignments per semester. The total of each assignment is 25 marks.

(a) FIRST SEMESTER

 Assignment 1 is a written/typed assignment and consists of five questions.
 Assignment 2 consists of 10 multiple-choice questions for which a mark-reading
sheet must be completed.

(b) SECOND SEMESTER

Assignment 1 is a written/typed assignment and consists of six questions.
 Assignment 2 consists of 10 multiple-choice questions for which a mark-reading
sheet must be completed.

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7.2 Assessment plan
The tuition method for this module consists of both formative assessment and summative
assessment. The year mark counts 20% and the examination mark counts 80%. In other words:
the mark obtained for the two compulsory assignments (year mark) will count 20%
towards your final mark, provided that you obtain an examination mark of at least 40%.

You therefore need to obtain a subminimum of at least 40% in the examination before your year
mark will be taken into account. This means that a student who has obtained at least 40% in the
examination and who has a good year mark will have a great advantage above another student
who has no year mark or a poor year mark.

7.3 General assignment numbers

The module consists of two assignments for semester 1 or 2, namely, assignment 01 and 02.

7.3.1 Unique assignment numbers

FIRST SEMESTER
The first semester assignments can be found under the Addendum (Appendix A).
Assignment number Unique number
Assignment 01: 760669
Assignment 02: 785978

SECOND SEMESTER

The second semester assignments can be found under the Addendum (Appendix B).
Assignment number Unique number
Assignment 01 680983
Assignment 02 871383

7.3.2 Due dates for assignments

FIRST SEMESTER
The first semester assignments can be found under the Addendum (Appendix A)
Assignment number Submission date
Assignment 01: 23 MARCH 2018
Assignment 02: 23 APRIL 2018

SECOND SEMESTER
The second semester assignments can be found under the Addendum (Appendix B).
Assignment number Submission date
Assignment 01 31 AUGUST 2018
Assignment 02 01 OCTOBER 2018

7.4 Submission of assignments

Your assignments must reach us on or before the submission date. For detailed information
and requirements as far as assignments are concerned, see the publication Study @ Unisa.

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 CLA1501/101/3/2018

TAKE NOTE: ASSIGNMENTS RECEIVED AFTER THE FINAL SUBMISSION DATE WILL
NOT BE MARKED

No extension for the submission of the assignments will be given. Please do not
approach your lecturers with such requests, as we are unable to grant extensions. The
assignments are marked by computer immediately after the due date, and therefore
assignments submitted late cannot be marked.

7.5 Assignments
Assignments are part of the study material for this module. When you do the assignments,
study the study guide and the prescribed textbook and discuss the work with fellow students or
e-tutors, you will be actively engaged in learning.

In your assignments, we expect you to use your knowledge of the general principles of
contracts in South Africa to analyse and evaluate problem situations, to identify the relevant
legal issues, to apply the relevant legal principles to those issues and to suggest solutions and
provide responsible advice.

When answering problem type questions, it is important to clarify for yourself the area of the
work which contains the answer. Once you have clarified the area, set out the relevant legal
principles. Deal only with those principles that relate to the given facts. Next, apply these
principles to the facts. It is important to illustrate how the law applies to the factual situation you
have been asked to solve. Finally, state your conclusion or provide advice.

7.5.1 Format of assignments and number of assignments

(a) There is ONE multiple-choice assignment and ONE written assignment.

(b) Assignments consisting of multiple-choice questions must be answered on a mark-
reading sheet that will be marked by the computer. Check that Unisa has supplied you
with mark-reading sheets.
(c) Written/typed assignments must be submitted as typed/written documents for
assessment. Because it is a written assignment, NO marking sheets are used.
(d) Students may submit assignments done on mark-reading sheets by post or
electronically via myUnisa. Assignments may not be submitted by fax or e-mail.
Written answers on a sheet of paper will not be marked.
(e) Students may submit written/typed assignments by post or electronically via
myUnisa. Assignments may not be submitted by fax or e-mail. When submitting your
written/typed assignment electronically via myUnisa, please make sure that your
assignment is submitted in PDF format.

(f) For detailed information and requirements as far as assignments are concerned, see the
publication Study @ Unisa which you have received with your study material. You will
find instructions on the use of mark-reading sheets for answering multiple-choice
questions in the publication Study @ Unisa. Read these instructions carefully and follow
them strictly to avoid unnecessary mistakes.

(g) Assignments submitted by mail should be addressed to:

The Registrar
PO Box 392
UNISA
0003
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(h) When submitting an assignment on a mark-reading sheet by mail, you must send ONLY
YOUR MARK-READING SHEET in an envelope. DO NOT include a cover sheet with
your mark-reading sheet.
(i) When submitting a written/typed assignment by mail, you must INCLUDE a cover sheet
with your assignment.
(j) To submit an assignment via myUnisa:

Go to myUnisa.

 Log in with your student number and password.

 Select the module.
 Click on assignments in the left-hand menu.
 Click on the assignment number you want to submit.
 Follow the instructions on the screen.

(k) Please remember to allocate the same unique number to the assignment as the one
given in this tutorial letter. Remember that your first assignment must be numbered
01 and your second assignment must be numbered 02.
(l) Please ensure that your name, address, student number, module code, assignment
number and unique number for both your assignments appear correctly when submitting
them. This information must be absolutely correct.
(m) It is wise to make copies of assignments before submitting them, in case they get lost
in the post.
(n) Do not submit the same assignment a second time. The computer will simply reject it as
a duplicate assignment.
(o) Soon after the closing date of the multiple choice assignment, you will receive a
computer printout giving your answers, the correct answers, and your marks for the
assignment. For the written assignment, markers will comment constructively on your
work. You will also receive Tutorial Letters, CLA1501/201/2018 and CLA1501/202/2018,
with detailed commentary on each question of each of the two assignments.

Please note: Each year a number of students submit faulty mark-reading sheets which
cannot be processed by the computer. Sheets that are rejected by the computer are
returned to students without being marked.

(p) Do not plagiarise. Plagiarism is the act of taking words, ideas and thoughts of others
and passing them off as your own. It is a form of theft which involves a number of
dishonest academic activities.

PLEASE NOTE: Each student must submit his or her own work. It is
unacceptable for students to submit identical assignments
on the basis that they worked together. This will amount to
plagiarism and none of these assignments will be marked.
Furthermore, these students may be penalized or subjected
to disciplinary proceedings of the University.

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 CLA1501/101/3/2018

PLEASE FOLLOW THE ABOVE INSTRUCTIONS CAREFULY.

7.5.2 Commentaries and feedback on the assignments

The commentaries on the two compulsory assignments will be sent to all students registered
for this module in Tutorial Letters, CLA1501/201/2018 and CLA1501/202/2018, as mentioned
above.

As soon as you have received the commentaries, please check your answers. The assignments
and the commentaries on the assignments constitute an important part of your study material
for the examination.

8 EXAMINATION

For general information and requirements about the examination, see the publication Study @
Unisa.

8.1 Examination admission

All students who submit the compulsory assignment 01 on time (before or on the date of
submission) will be admitted to the examination. Students who do not submit this
assignment before or on the due date will, irrespective of the mark obtained for the
assignment, not receive admission to write the examination. The marks obtained for the
two compulsory assignments will count 20% towards your final mark provided you
obtain an examination mark of at least 40%.

Therefore you need to obtain a sub-minimum of at least 40% in the examination before your
year mark will be taken into account. This means that a student who has obtained at least 40%
in the examination and who has a good year mark will have a great advantage above another
student who has no year mark or a poor year mark.

8.2 Examination period

This module is a semester module. This means that if you are registered for the first semester
you will write the examination in May/June 2018 and the supplementary examination will be
written in October/November 2018. If you are registered for the second semester you will write
the examination in October/November 2018 and the supplementary examination will be written
in May/June 2018.

During the course of the semester, the Examination Section will provide you with information
regarding examination venues, examination dates, examination times and examination in
general.

8.3 Examination paper

At the end of the semester you will write one two-hour paper on this module. The examination
paper consists of multiple-choice questions as well as written questions. The total allocation
for the paper is 80 marks. In Tutorial Letter CLA1501/102/2018 we shall send you more
information on the format of the examination paper.

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8.4 Previous examination papers

Previous examination papers are available to students on myUnisa. However, please note that
the format of the examination paper changed from 2017. The paper will consist of multiple
choice questions (40 marks in total) and written questions (40 marks in total). Some of the
previous examination papers that are available on myUnisa might therefore only contain
multiple choice questions. These papers will give you an idea of the kind of questions you may
expect in the examination. Lecturers will not mark these papers, nor supply the correct
answers to the questions.

You may also accept that examination questions will be similar to the questions asked in the
activities in your study guide and in the assignments.

9 FREQUENTLY ASKED QUESTIONS

See Study @ Unisa brochure which contains an A-Z guide of the most relevant study
information.

10 CONCLUSION
We encourage you to immediately start studying and not wait for the last minute to do your
assignments or prepare for the examination. Your success is our priority, because through you
we will achieve our goal.

We hope that you will enjoy this module and wish you all the best with your studies at Unisa – A
University in service of humanity.

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11 ADDENDUM
APPENDIX A: FIRST SEMESTER COMPULSORY ASSIGNMENTS

ASSIGNMENT 01
FIRST SEMESTER UNIQUE NUMBER: 760669 (SUBMISSION DATE: 23 MARCH 2018)

QUESTION 1

Name three (3) authoritative sources of South African law. (3)

QUESTION 2

List the four (4) categories of subjective rights that legal subjects may enjoy. (4)

QUESTION 3

Match each Roman letter in Column B with the correct alphabet in Column A. (5)

COLUMN A COLUMN B
(a) Ratio decidendi (i) The capacity or competence to acquire and to bear rights and
duties.
(b) Tacit emancipation (ii) 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.
(c) Legal capacity (iii) The underlying reason for a court’s ruling.
(d) Auction (iv) Roman law compiled/codified during the reign of Emperor
Justinian.
(e) Corpus Iuris Civilis (v) This occurs where the guardian allows the minor to lead an
economically separate and independent life. The guardian’s consent
may be given expressly or tacitly.

QUESTION 4

Aaron and John, nine-year-old pupils, travel about two kilometres to school on bicycle. Aaron’s
bicycle has broken down and he has consequently missed several classes. John has two
bicycles and he is willing to sell one to Aaron. John and Mr Smith, Aaron’s father, agree that
John will sell one of his bicycles to Aaron and that Aaron will give R500 to him in full exchange.

Discuss whether the above scenario complies with all the requirements for the formation of a
valid contract. (10)

QUESTION 5

Indicate whether the following statement is TRUE or FALSE. Give reasons for your answer.
A minor may only obtain full capacity to act when he or she reaches the age of 21. (3)

Total: [25]

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ASSIGNMENT 02
FIRST SEMESTER UNIQUE NUMBER: 785978 (SUBMISSION DATE: 23 APRIL 2018)

QUESTION 1

Which ONE of the following is the supreme law of South Africa?

1 English law
2 Roman Dutch law
3 Statutory law
4 Constitution of the Republic of South Africa, 1996 (2)

QUESTION 2

Which ONE of the following subdivisions of the law forms part of private law?

1 Law of contract
2 Criminal law
3 International law
4 Company law (2)

QUESTION 3

In which ONE of the following situations was a VALID contract concluded?

1 Sally engages a professional seafood caterer to provide seafood for her birthday party, to
which twenty guests have been invited. All the guests confirm that they will attend Sally’s
birthday party. The day before the party ten of the guests inform Sally that they will not
attend the party because they prefer to attend a street party in Sandton at the same time
and on the same day.
2 Nicolas enters into an agreement with himself and undertakes that he will save R500
each month by paying R500 into his savings account on the first day of each month. The
shoes will be delivered at his flat in Pretoria.
3 Peter purchases a new pair of running shoes for R600 on the official website of Nike.
4 Reeze undertakes to sell the moon and one star to Shana for R500. (2)

QUESTION 4

Mary and Sinah arrange telephonically to meet at a coffee shop at 10h00 the next day.

Which ONE of the following statements is CORRECT?

1 A contract arises as consensus exists.

2 No contract arises as Mary and Sinah have no intention to be legally bound.
3 A contract has come about as a common intention exists and it has been made known to
the other party.
4 No contract arises as nothing was put in writing. (2)

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QUESTION 5

Musa and Lihle married out of community of property on 1 November 1999.

Which ONE of the following statements is CORRECT?

1 Musa and Lihle have a joint estate.

2 Musa and Lihle both lose their full capacity to act on marriage.
3 Musa and Lihle are jointly and severally liable to third parties for debts incurred for
necessaries for the common household.
4 Lihle has to give her consent for the sale of a farm which belongs to Musa. (2)

QUESTION 6

Which ONE of the following statements is CORRECT?

1 If Samuel, who is deeply in love with Sammy, promises Margate’s beach to her in a
contract of donation, a valid contract does not come into existence because the object of
the donation is not capable of being privately owned.
2 Jeffrey and Joel decide to run a brothel and draw up an agreement on how they will
divide the profits. A valid contract comes into existence.
3 If Joel bets Sandile R2000 that Zambia will win the next Africa Nation’s Soccer Cup, the
contract between them is void, because it is a wagering contract.
4 If Rocher, the famous chef and owner of Greenfields, agrees with Joel, the buyer of the
restaurant, that Rocher will never again open or work in a restaurant in South Africa, the
contract will be enforceable, because it is a principle of South African law that parties
have freedom to contract. (2)

QUESTION 7

Petrus leases his holiday flat in Ceres to Adrian for R2 000 a month. Neither of them knows that
the flat was destroyed by an earthquake the previous day.

Which ONE of the following statements is CORRECT?

1 The contract is void because of initial impossibility of performance.

2 A valid contract was concluded and Adrian can claim alternative housing from Petrus.
3 A valid contract was concluded, but it was terminated because of supervening
impossibility of performance.
4 The contract is void because of mistake. (2)

QUESTION 8

Which ONE of the following contracts must be in writing and signed in order to be valid?

1 A contract where a wager is made.

2 A contract where a car is sold.
3 A contract where land is sold.
4 A contract where a house is leased. (2)

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QUESTION 9

Which ONE of the following donations has to be in writing and signed by the donor?

1 Anton gives his 18-year-old nephew, Marius, a Jeep for his birthday.
2 Joshua gives his wife, Barbara, to whom he is married out of community of property, a
new motor car.
3 Kagiso undertakes to give his friend, Thabo, a new Jeep in six months’ time.
4 Cindy gives her mother a gift voucher to the value of R 2 000. (2)

QUESTION 10

Which ONE of the following statements is INCORRECT?

1 A court can infer trade usage as a tacit term of a contract, if the trade usage is known to
both parties to the contract.
2 A court cannot infer trade usage as an implied term of a contract if one party cannot
prove that the other party knew of the trade usage, unless the trade usage is so universal
and notorious that the latter party can be presumed to have had knowledge of it.
3 A court will read a tacit term into a contract if the parties failed to include a term as an
express term because it seemed too self-evident to necessitate express inclusion.
4 A court will not impute a tacit term into the contract where parties to the contract failed to
include an express term into their contract because they failed to anticipate that a certain
situation could arise. (2)

Total: [20]

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 CLA1501/101/3/2018

APPENDIX B: SECOND SEMESTER COMPULSORY ASSIGNMENTS

ASSIGNMENT 01
SECOND SEMESTER UNIQUE NUMBER: 680983 (SUBMISSION DATE: 31 AUGUST 2018)

QUESTION 1
Briefly differentiate between the ratio decidendi and the obiter dictum of a judgement. (4)

QUESTION 2

(b) Name and briefly discuss the two methods by which an original right of ownership may be
established. (5)

QUESTION 3

List and briefly describe the two categories of legal subjects that are recognised by South
African law. (4)

QUESTION 4

Match each Roman letter in Column B with the correct alphabet in Column A. (5)

COLUMN A COLUMN B

(a) Dispatch (expedition) theory (i) A responsibility imposed by law that obliges or
binds a person to render performance.
(b) Duty (ii) A contract comes into being at the time when the
acceptance is communicated and at the place where
the parties happen to be at that moment.
(c) Information (ascertainment) theory (iii) Any right that a legal subject has regarding a
specific legal object and which is protected by law.
(d) Right (iv) Any entity that can be the object of a legal
subject’s claim to a right.
(e) Legal object (v) A contract comes into being at the place where
and at the time when the letter of acceptance is
posted, unless the parties agree otherwise.

QUESTION 5
Indicate whether the following statement is TRUE or FALSE. Give reasons for your answer.

John, a 13 year old boy can undergo an HIV test without his guardian’s consent. (4)

QUESTION 6
Moloko wants to sell her 2012 BMW 320i to anyone who is interested in buying the car. She
then decides to advertise the car for sale in the local newspaper so that she can attract as many
potential buyers as possible. Advise her whether such an advertisement placed in the
newspaper is a VALID offer. (3)

Total: [25]

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ASSIGNMENT 02
SECOND SEMESTER UNIQUE NUMBER: 871383 (SUBMISSION DATE: 1 OCTOBER 2018)

QUESTION 1
Which ONE of the following sources will a South African lawyer consult on Roman law?

1 Constitution of the Republic of South Africa, 1996

2 Customary law
3 Corpus Iuris Civilis
4 South African statutory law (2)

QUESTION 2
Mandla picks up a guitar which someone else has thrown away, and keeps it for himself as it no
longer belongs to any other person. He becomes the owner of the guitar.

Through which ONE of the following original methods did Mandla acquire ownership?

1 Occupation
2 Prescription
3 Delivery
4 Registration

QUESTION 3
Contracts differ from other types of agreements.

Which ONE of the following statements is CORRECT?

1 A contract cannot be entered into by more than two parties.

2 An agreement is a particular type of contract.
3 An agreement is a source of legal obligations.
4 A contract creates legally enforceable obligations. (2)

QUESTION 4
Which ONE of the following is NOT a requirement for the conclusion of a valid contract?

1 The contract must be permitted by law.

2 Each party to the contract must have capacity to act.
3 There must be consensus between the parties.
4 The contract must be in writing, signed and dated. (2)

QUESTION 5
Belinda helped Alet to move her furniture. Belinda was injured during the move due to Alet’s
negligence. Belinda’s left leg was injured and she suffered both physical injuries and patrimonial
damage. She claimed damages from Alet. Alet offered to pay R2 500 in full and final settlement
of Belinda’s claim. Belinda refused and expressly stated that she would only accept an offer of
R3 000. Alet refused to increase the offer.

Which ONE of the following statements is CORRECT?

1 Belinda can accept the original offer after her request for an increased offer was rejected.
2 The request made by Belinda is a counter-offer.
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 CLA1501/101/3/2018

3 Belinda’s offer remains open for a specific period of time.

4 Belinda cannot accept the original offer, because it was revoked. (2)

QUESTION 6
Mandla is a general dealer. He needs to appoint a sales person and to replace his delivery van
with a bigger vehicle. If Mandla finds a buyer for the van and a suitable sales person he will
conclude two contracts: a contract of sale in respect of the old vehicle and a contract of
employment with the suitable applicant.

Which ONE of the following persons does NOT have the full capacity to conclude both of the
contracts with Mandla?

1 Gloria, seventeen years old, who has been married to Dan for the last two years. They
are married out of community of property.
2 Steven, whose estate was sequestrated after he lost a fortune in a shady business deal.
Steven has not been rehabilitated yet.
3 Arthur, who is married in community of property to Stella.
4 Themba, sixteen years old, whose parents left him behind when they emigrated to
America because he had his own job and flat. (2)

QUESTION 7
Joel owes Jack an amount of R70 000. Joel and Jack enter into an agreement in terms of which
Jack will cancel 30% of the debt if Joel agrees to sponsor Jack’s visit to the “Blue House”
brothel.

Which ONE of the following statements is CORRECT?

1 Joel and Jack’s contract is lawful because they have reached consensus.
2 Joel and Jack’s contract is lawful because they both have capacity to enter into juristic
acts.
3 Joel and Jack’s contract is unlawful because their agreement is contrary to public policy.
4 Joel and Jack’s contract is unlawful because their agreement is contrary to good morals.
(2)
QUESTION 8
Rose enters into an agreement with her friend Sandra in terms of which Rose will use Sandra’s
house until she buys her own house.

This is an example of a ...

1 resolutive condition.
2 suspensive condition.
3 resolutive time clause.
4 suspensive time clause. (2)

QUESTION 9
When will a court apply the guideline of interpreting a contractual term against the interest of the
party who formulated that clause?

1 Whenever the clause appears to the court to be unfair.

2 Only when the clause appears in a standard-form contract.

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3 Only when the clause is ambiguous or vague.
4 The court will never apply such a guideline. (2)

QUESTION 10
Barry buys a car from Michael for the amount of R30 000. However, Barry only pays Michael
R22 000 as Michael owes Barry R8 000 arising from a debt that existed prior to the sale of the
car.

Which ONE of the following forms of termination of personal rights took place?

1 prescription
2 set-off
3 merger
4 discharge (2)

Total: [20]
©
UNISA 2017

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