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COML6010 T1 A

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8 views4 pages

COML6010 T1 A

Uploaded by

madira.dorah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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The Independent Institute of Education 2016

MODULE NAME: MODULE CODE:


COMMERCIAL LAW COML6010

ASSESSMENT TYPE: TEST (PAPER ONLY)


TOTAL MARK ALLOCATION: 60 MARKS
TOTAL HOURS: 1 HOUR (+5 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Five minutes per hour of the assessment to a maximum of 15 minutes is dedicated to
reading time before the start of the assessment. You may make notes on your question
paper, but not in your answer sheet. Calculators may not be used during reading time.
4. You may not leave the assessment venue during reading time, or during the first hour or
during the last 15 minutes of the assessment.
5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit
all the pages of this assessment’s question paper as well as your answer script.
6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase
‘END OF PAPER’ will appear after the final set question of this assessment.
7. Remember to work at a steady pace so that you are able to complete the assessment within
the allocated time. Use the mark allocation as a guideline as to how much time to spend on
each section.
Additional instructions:
1. This is a CLOSED BOOK assessment.
2. Answer All Questions.
3. NO dictionaries are allowed.

© The Independent Institute of Education (Pty) Ltd 2016


Page 1 of 4
The Independent Institute of Education 2016

Question 1 (Marks: 10)


State whether the following statements are True or False. Motivate ALL your answers.

Q.1.1 The Constitution of South Africa contains the Bill of Rights which sets out rights for (2)
individuals which are absolute.

Q.1.2 It is not necessary to prove unlawfulness when you have a claim based on a delict. (2)

Q.1.3 South African law originates solely from English law. (2)

Q.1.4 Emancipation gives full contractual capacity to a minor. (2)

Q.1.5 Consent is the most important requirement for a valid contract. (2)

Question 2 (Marks: 30)

Q.2.1 List the five (5) sources of authoritative law of the South African Legal system. (5)

Q.2.2 Explain, in your own words, what the term “law” means. (4)

Q.2.3 Differentiate between a “natural” and a “juristic” person. (4)

Q.2.4 Define the term “contract”. (5)

Q.2.5 Bryan would like to purchase Ava’s second-hand laptop. They approach you and ask (5)
if you can help them to conclude a valid and enforceable contract between them.
List the five (5) elements for a valid and enforceable contract to Bryan and Ava.

Q.2.6 Briefly describe the contractual capacity of a minor by defining it and setting out (4)
the general characteristics surrounding this concept.

Q.2.7 Letsego is an un-rehabilitated insolvent and would like to dispose of some of the (3)
assets in her insolvent estate. Advise Letsego accordingly.

© The Independent Institute of Education (Pty) Ltd 2016


Page 2 of 4
The Independent Institute of Education 2016

Question 3 (Marks: 10)


State whether the following agreements/ contracts are valid, void or voidable.

Q.3.1 Claire is in desperate need of money. She forces Simon to sign a contract under (2)
duress in which he agrees to give her R 100 000.

Q.3.2 Bianca agrees to work for Hein. They have reached consensus on all the terms of (2)
the contract.

Q.3.3 Kate sells her car to Kagiso. Kate misrepresented the actual year and model of the (2)
car.

Q.3.4 James, a director of ‘All-or-Nothing (Pty) Ltd’, unduly influences Liz, an employee of (2)
the company, to agree to work for a lesser salary.

Q.3.5 Lara agrees to sell her house to Gift. However, the contract they sign to give effect (2)
to their sale contains a material mistake.

Question 4 (Marks: 10)


Multiple-choice questions: Select one (1) correct answer for each of the following. In your answer
booklet, write down only the number of the question and next to it, the letter of the correct
answer.

Q.4.1 Which of the following is NOT a method of interpretation of statutes? (2)


(a) Teleological
(b) Systematical
(c) Open-minded
(d) Historical
(e) Comparative

© The Independent Institute of Education (Pty) Ltd 2016


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The Independent Institute of Education 2016

Q.4.2 For an acceptance of an offer to be valid it needs to be: (2)


(a) unconditional.
(b) unequivocal.
(c) consciously accepted by the person to whom it was addressed.
(d) compliant with any applicable legislation governing it;
(e) (a), (b), (c) and (d).

Q.4.3 Legislation is written law and may refer to: (2)


(a) a law.
(b) an act of parliament.
(c) a moral duty.
(d) (a) and (b).
(e) (a) and (c).

Q.4.4 At what age may a natural person open a bank account? (2)
(a) 10
(b) 13
(c) 14
(d) 16
(e) 18

Q.4.5 Alex and Jane are married in community of property. Which of the following (2)
agreements will require the written consent of both Alex and Jane?
(a) The sale of immovable property/ alienation of land
(b) Suretyship
(c) Credit
(d) (a) and (b)
(e) (a), (b) and (c)

END OF PAPER

© The Independent Institute of Education (Pty) Ltd 2016


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